How Do I File an ERISA Claim? Different types of claims have different procedures.In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. In this guide, we'll cover what ERISA plan documents are, why they're important, and how you can request them. Section XV highlights specific types of ERISA litigation, including developing issues such as employer stock litigation and 401(k) fee litigation, among others. Illinois Legal Aid Online provides a guided interview called an Easy Form that will help you fill out the forms. The complaint may be in the form of a letter. Action: File the Complaint . Not allparticularly nonERISA planswere required to file a Form 5500. This position is located in the U.S. Department of Labor (DOL), Employee Benefits Security Administration.