Toledano Disability Law

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A History Of Success In ERISA Claims Matters
Attorney Reagan Toledano

Experienced ERISA Disability Plans Attorney

Regarding disability benefits, individuals often encounter two main types of plans: ERISA and non-ERISA. The difference between these plans affects how claims are processed, appealed and litigated.

Attorney Reagan Toledano has been helping clients with disability claims since 2005. Based in New Orleans, Toledano Disability Law represents individuals nationwide, offering extensive experience in handling both ERISA and non-ERISA claims. The firm understands the nuances of ERISA regulations and non-ERISA claims by leveraging state laws that provide broader legal protections.

Key Differences Between ERISA And Non-ERISA Plans

The Employee Retirement Income Security Act (ERISA) governs most employer-sponsored disability plans. Key aspects of ERISA plans include:

  • Mandatory internal appeals: Before filing a lawsuit, claimants must undergo the insurer’s administrative appeal process. Missing deadlines can result in a permanent loss of benefits.
  • Limited court review: If the case proceeds to litigation, courts review only the evidence presented during the internal appeal, preventing claimants from introducing new evidence.
  • No jury trials or punitive damages: ERISA cases are decided by a judge rather than a jury, and claimants cannot recover bad-faith damages even if the insurer acted unfairly.

On the other hand, non-ERISA plans, such as government employee plans, church-sponsored policies or individually purchased disability insurance, are governed by state contract laws, giving claimants more legal rights and greater flexibility when pursuing a claim. Differences include:

  • Direct access to court: Claimants can file lawsuits without exhausting an internal appeals process, reducing delays in obtaining benefits
  • Ability to present new evidence: Unlike ERISA cases, courts allow new medical records, witness testimony and expert opinions to be introduced
  • Jury trials and additional damages: Some non-ERISA cases qualify for jury trials, and claimants may be able to recover bad-faith damages if the insurer acted unfairly.

Whether dealing with an ERISA or non-ERISA plan, legal guidance is essential to securing the benefits you deserve.

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At Toledano Disability Law, attorney Reagan Toledano serves clients in New Orleans and across all 50 states, fighting for rightful disability benefits.

Call CALL or contact the firm online today to discuss your case with an experienced lawyer and protect your financial future.