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What Makes ERISA Cases Against Unum Different from Other Lawsuits?

If you’re considering challenging a denied disability claim from Unum, one of the most important things to understand is whether your case falls under ERISA (the Employee Retirement Income Security Act of 1974).

ERISA governs most employer-provided disability insurance plans, including many Unum policies. But ERISA claims are not like ordinary lawsuits—they follow unique rules and strict procedures that can surprise people who expect a traditional court process.

DarrasLaw breaks down what makes ERISA cases against Unum different, how that impacts your legal rights, and why it’s crucial to approach these claims with the right strategy.

ERISA Cases Don’t Follow a Normal Lawsuit Process

Most lawsuits follow a predictable path: a complaint is filed, evidence is gathered through discovery, witnesses testify in court, and a jury issues a verdict. ERISA disability cases against Unum are very different.

No jury trial: ERISA cases are decided by a federal judge, not a jury.
No live testimony: Courts usually rely entirely on written records rather than in-person witnesses.
No discovery: In most ERISA cases, you can’t take depositions, demand internal company documents, or question Unum employees under oath.
Limited review: Judges often give deference to Unum’s decision unless it was “arbitrary and capricious.” This means you must prove Unum’s decision had no reasonable basis—not just that it was wrong.

These limits can make ERISA claims more challenging than typical insurance or contract lawsuits, where plaintiffs can gather broad evidence and present their case in full at trial.

The “Administrative Record” Is Everything

In an ERISA case, the court generally reviews only the administrative record—the documents that were in Unum’s possession when it made its decision.
That means:

You can’t submit new evidence in court.
You must include all medical records, expert opinions, and other support during the internal appeal stage.
If you miss something during the appeal, you usually can’t add it later.

This is very different from other lawsuits, where you can build your evidence as the case progresses. Under ERISA, your chance to build your case is during the appeal—not after you file suit.

Strict Deadlines Apply

ERISA cases are also governed by strict, short deadlines that do not apply to ordinary lawsuits.

After Unum denies your claim, you usually have only 180 days to file an internal appeal.
Once you exhaust your appeal and receive a final denial, you typically have just a few years (depending on your policy) to file in federal court.

Missing these deadlines can permanently bar your claim—even if you would otherwise win. Other types of lawsuits usually allow more time and flexibility.

Remedies Are Limited

In a typical lawsuit, a plaintiff can ask for compensatory damages, emotional distress, and sometimes punitive damages. ERISA cases are much more limited.
If you win an ERISA case against Unum, you usually can recover only:

The benefits owed under the policy
Possibly interest and attorney’s fees

You cannot recover pain and suffering damages or punitive damages under ERISA, even if Unum acted in bad faith. This makes ERISA cases very different from standard insurance bad faith lawsuits.

Why You Need an Experienced ERISA Attorney

Because ERISA cases against Unum are so technical and different from typical lawsuits, it’s vital to have an attorney who regularly handles ERISA disability litigation. A lawyer can:

Ensure your appeal includes all necessary evidence
Navigate strict procedural rules and deadlines
Develop legal arguments tailored to ERISA’s unique standard of review
Protect your right to benefits if Unum wrongfully denied or terminated your claim
Trying to handle an ERISA case alone can be risky, even if you have strong medical evidence.

ERISA cases against Unum are fundamentally different from other lawsuits. They have no jury, no discovery, limited remedies, and rely heavily on the administrative record created during your internal appeal. These differences can make them more challenging—but with the right legal approach, they are winnable.

If Unum has denied or terminated your disability benefits, talk with an experienced ERISA attorney as soon as possible. The earlier you get legal help, the better your chances of building a strong appeal and protecting the benefits you’ve earned.