Toledano Disability Law

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A History Of Success In ERISA Claims Matters
Attorney Reagan Toledano

Experienced ERISA And Non-ERISA Disability Attorney

Last updated on October 5, 2026

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.

Determining Exemption And Unlocking Non-ERISA Bad-Faith Remedies

Whether your disability plan is an ERISA plan or a non-ERISA plan changes everything about how you fight a denial. Most people think all workplace disability plans follow ERISA rules, but that’s not true. Some plans escape ERISA completely, and when they do, you get much stronger legal rights under state law.

Several types of plans avoid ERISA and give you more power to fight back:

  • Voluntary payroll deduction plans: If your employer just takes the premium out of your paycheck but doesn’t pay into the plan or run it, your plan might qualify as non-ERISA under Safe Harbor rules
  • Government employee plans: If you work for a city, parish or state agency, your plan probably isn’t covered by ERISA
  • Church plans: Disability plans run by churches or church groups usually avoid ERISA

When your plan escapes ERISA, you can do things federal law won’t allow. You can bring in new medical records. You can put the insurance adjuster on the witness stand and make them explain why they denied you. You can ask for penalty damages when the insurer acts unfairly.

Louisiana gives you especially strong weapons against insurance companies that play games with your claim. Under Louisiana Revised Statute 22:1821, if a health or disability insurer fails to pay a valid claim within 30 days of receiving proof of loss without just cause, you may recover a statutory penalty equal to double the amount of benefits due.

  • Question the adjuster under oath about why they denied you
  • Show the court if the insurance company has a pattern of denying good claims
  • Ask for double what you’re owed, plus our legal fees, if the insurer acted in bad faith

These remedies hold insurers accountable in ways ERISA never permits. We can punish bad-faith conduct and maximize your recovery beyond what federal law allows.

We look at your policy paperwork, how your employer is involved and who pays the premiums to figure out if your plan escapes ERISA. If it does, we use every state law tool available to get you the full benefits you deserve.

Call Today

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

Call 877-281-4789 or contact the firm online today to discuss your case with an experienced lawyer and protect your financial future.