Is my plan ERISA-governed? A self-assessment
Answer three questions to get a likely answer. This is a general self-assessment based on 29 U.S.C. section 1003, not a review of your specific plan document, and it cannot give you a certain answer in every case.
1. How did you get this disability coverage?
2. What kind of employer provided this coverage?
3. Has your employer elected to have its plan covered by ERISA (a section 410(d) election)?
Why this matters before you rely on anything else on this site
Every deadline, exhaustion rule, and standard-of-review guide on this site describes federal ERISA law. If your plan is not governed by ERISA, none of the 180-day floor, the administrative-record risk, or the exhaustion rules apply to you, and a different process, usually your plan document and your state's own rules, controls instead. See is my plan even ERISA-governed for the full statutory basis behind each branch of this assessment, including government employee plans, church plans, and individual policies.
Source
- 29 U.S.C. section 1003(a)-(b). Checked 2026-09-16.
This is a general self-assessment, not legal advice, and cannot replace reading your own plan document or asking your plan administrator directly.