An ERISA plan can be held to exist in the absence of a written plan document or compliance with other ERISA requirements. Filing an administrative appeal for your Texas ERISA case?We provide an in-depth overview of the process and how you should go about it. In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. Some claims can be instated over the phone, but most require written claim forms. In an ERISA case, the plan administrator, upon request, is required to give a copy of the claims file to the insured. Dallas ERISA Lawyers answers questions about short and Long term disability insurance claims. For a free legal consultation with a erisa appeal lawyer serving McKinney, call (972) 535-6377. Appealing an ERISA Long Term Disability Claim. Then raise the complaint of late notice for the first time in a post-trial motion."261.