fbpx
Talk To A Disability Lawyer Now
(800) 898-7299
Your source for the latest health, disability and Insurance news and tips

What Makes ERISA Lawsuits Against The Standard Different From Other Insurance Disputes?

When your disability claim with The Standard Insurance Company is wrongfully denied, the path to justice often looks very different than a typical insurance dispute. That’s because most long-term disability policies from The Standard are governed by a federal law called ERISA—the Employee Retirement Income Security Act of 1974.

If you’re dealing with a denied claim, it’s critical to understand how ERISA lawsuits change your legal rights, your timeline, and your chance of recovery.

1. ERISA Limits Your Legal Remedies Against The Standard

Unlike private insurance disputes handled under state law, ERISA imposes strict limits on what you can recover.

  • No punitive damages: Even if The Standard acted in bad faith, you can’t pursue punitive or emotional-distress damages under ERISA.
  • Back benefits only: Courts can typically order only the payment of benefits wrongfully denied, plus possibly attorney’s fees.

This narrow remedy structure often benefits large insurers like The Standard and makes it crucial to build a strong administrative record before filing a lawsuit.

2. You Must Exhaust Administrative Appeals Before Suing

ERISA requires that you appeal internally before taking The Standard to court. Missing a single deadline can destroy your case.

  • Strict appeal window: You usually have 180 days to appeal a denial.
  • No new evidence later: Once you file in federal court, you can’t introduce new medical records or testimony—your case is decided entirely on the claim file.

That’s why working with an experienced ERISA disability attorney early on can make or break your claim. DarrasLaw’s team ensures your appeal record is complete, compelling, and ready for federal review if necessary.

3. ERISA Lawsuits Are Tried in Federal Court—Without a Jury

Most people are surprised to learn that ERISA cases against The Standard are decided by a federal judge, not a jury. This means:

  • No emotional testimony or witness questioning.
  • The judge reviews the written record and determines if The Standard’s denial was “arbitrary and capricious.”
  • The insurer’s decisions often receive deferential review, which can make overturning a denial difficult.

Federal ERISA litigation demands precise legal writing, strategic issue framing, and deep familiarity with how courts interpret The Standard’s policy language.

4. The Standard’s Policies Often Contain Highly Restrictive Definitions

ERISA plans administered by The Standard frequently include complex definitions of “disability,” “own occupation,” and “any occupation.” These definitions can shift after 24 months, resulting in benefit terminations even if your medical condition hasn’t improved.

An experienced attorney can identify whether The Standard’s policy terms or internal procedures violate ERISA’s disclosure or fiduciary duty standards—potentially giving you leverage in negotiations or court.

5. An Experienced ERISA Lawyer Levels the Playing Field

ERISA law is designed to protect employee benefit plans, not necessarily the individuals who rely on them. That’s why national firms like DarrasLaw focus exclusively on disability insurance law and know The Standard’s tactics inside and out.

Our legal team:

  • Reviews your entire claim file and appeal documents.
  • Ensures your medical and vocational evidence is airtight.
  • Challenges The Standard’s procedural errors and conflicts of interest.
  • Pursues federal litigation when necessary to restore your rightful benefits.

Don’t Face The Standard Alone

ERISA disability claims are not like ordinary insurance disputes. The Standard has experienced lawyers and internal policies designed to protect its bottom line. You deserve equally experienced representation to protect your rights.

If your The Standard disability claim was denied or terminated, contact DarrasLaw today for a free policy and claim review. We’ve recovered nearly $1 billion in wrongfully denied insurance benefits nationwide—and we’re here to help you reclaim yours.

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.