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Are The Standard’s Disability Claims Usually Governed by ERISA?

When you file a disability claim with The Standard Insurance Company, one of the most important questions determining your rights is whether your policy is governed by ERISA—the Employee Retirement Income Security Act of 1974.

In most cases, The Standard’s disability insurance policies are governed by ERISA, because they’re provided through employers as part of a group benefits package. ERISA creates a strict set of federal rules that control how your claim is reviewed, appealed, and litigated. If your claim is denied, acting quickly is essential—ERISA deadlines are short, and missing one could mean losing your right to benefits altogether.

What Is ERISA and Why Does It Matter?

ERISA is a federal law designed to protect employees who receive benefits through their jobs. It sets out uniform standards that insurance companies—like The Standard—must follow when handling disability claims.

If your disability coverage came from your employer, it’s almost certainly an ERISA-governed plan. This means the process for appealing a denial and the options you have afterward are very different from policies governed by state law.

Here’s what ERISA means for you:

Tight Deadlines: You typically have 180 days to appeal a denial. Missing that deadline can end your claim permanently.
Limited Court Review: If your appeal is denied, any lawsuit must be filed in federal court, and the judge can only review evidence already in your claim file.
No Jury Trial or Extra Damages: Under ERISA, your case is decided by a judge. You can’t recover punitive or emotional distress damages, only the benefits you’re owed and possibly attorney’s fees.

These limitations make it critical to build the strongest possible case during your administrative appeal—because once it moves to court, you can’t add new evidence.

When ERISA Does Not Apply

While most of The Standard’s disability insurance claims fall under ERISA, there are a few exceptions. ERISA does not apply if:

  • You purchased your disability insurance individually, outside your employer.
  • You work for a government entity or religious organization, both of which are exempt from ERISA.
  • Your employer’s plan is considered a “payroll practice” rather than an insured plan.

If ERISA doesn’t apply, your claim is likely governed by state insurance law, which can offer broader protections—including the right to a jury trial and potential bad-faith damages if the insurer acts unreasonably.

Why Quick Action After a Denial Is So Important

ERISA’s deadlines are strict and unforgiving. If The Standard denies your disability claim, you only have a limited window to appeal—and that appeal is your one chance to strengthen your record before it heads to federal court.

You should:

  • Request your complete claim file right away to see what evidence The Standard used to deny your benefits.
  • Gather and submit supporting documentation, such as updated medical reports, detailed physician statements, or occupational assessments.
  • Consult an experienced ERISA attorney as soon as possible. A lawyer who understands ERISA’s technical rules can help you meet deadlines, supplement your file, and ensure no procedural mistakes cost you your claim.

How DarrasLaw Can Help

At DarrasLaw, America’s top disability insurance law firm, our attorneys have successfully handled thousands of ERISA and individual disability claims against major insurers—including The Standard. Founding partner Frank N. Darras has recovered nearly $1 billion in wrongfully denied disability benefits for policyholders across the nation.

Our experienced team knows how to:

  • Analyze your policy to confirm whether ERISA applies.
  • Identify errors, procedural violations, or unfair claim handling.
  • Prepare a comprehensive administrative appeal that fully supports your medical and occupational limitations.
  • Take your case to federal court if The Standard refuses to honor your valid disability claim.

Because ERISA limits what evidence can be added later, having DarrasLaw involved early can make a life-changing difference in your case outcome.

Contact DarrasLaw Today

If your disability claim with The Standard has been denied, delayed, or underpaid, don’t wait. The clock is ticking, and ERISA’s deadlines are strict.

The nationally recognized attorneys at DarrasLaw are here to help you understand your rights, build a strong appeal, and fight for the benefits you deserve.

Call DarrasLaw at (800) 458-4577 or contact us online for a free policy and claim review today.

DarrasLaw is Americas' most honored and decorated disability litigation firm in the country. Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States.

Request a Free, Confidential Case Review.