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When it comes to my long term disability policy in Missouri, does it matter whether it is an individual or group policy?

Your employer may give you the option to enroll in an employee benefits plan that offers long term disability insurance in Missouri. There are 2 options for long term disability insurance in Missouri - group policies and individual policies. Which one you are enrolled in will matter when it comes to ERISA preemption.

Group policies for long term disability insurance in Missouri are almost always governed by ERISA laws.
This means that Missouri laws regarding your long term disability insurance in Missouri are pre-empted by ERISA laws. This ERISA preemption does not hold true for most individual policies which are often not governed under ERISA laws and therefore subject only to Missouri laws.

For example, if there is a Missouri law giving the insurance company the right to recover contractual damages for the bad faith breach of a contract, this law is subject to ERISA preemption. Therefore, the insurance company would have no exposure to bad faith damages and would have no incentive to pay the claim since the Missouri law was subject to ERISA preemption.

Choosing your long term disability insurance in Missouri is not a choice to make lightly. Be certain you have reviewed your options before making a decision. When you have concerns regarding how your long term disability insurance in Missouri is being handled, particularly if you believe your plan is affected by ERISA preemption, you should contact a St. Louis ERISA lawyer. ERISA law is by far one of the most challenging aspects of employment law. Make sure that the attorney you choose understands the nuances of this field to ensure you get the legal guidance you need.

Contacting a St. Louis ERISA Lawyer to Protect Your Rights

If your ERISA-controlled disability benefits, life insurance or accidental death benefits have been unfairly denied it's important that you seek legal guidance from a St. Louis ERISA attorney who understands the intricacies of these very complex cases. The Missouri ERISA attorney team at Bollwerk & Tatlow, LLC fights for Missouri workers. Contact us today - 314-315-8111.

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