In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. The Court gave Mr. Sender an opportunity to file an amended complaint, which he did.The Franklin children's claim for breach of fiduciary duty is due to be dismissed as a matter of law because their avenue of relief under ERISA is §. For your ERISA disability claim, you need an attorney who knows and understands ERISA law and has experience with these cases and appeals. Phil Tatlow Explains the circumstances under which an ERISA Breach of Fiduciary Duty claim may be brought. Do you need to recover short term or long term disability insurance benefits? Our ERISA attorneys explain the ERISA claim process here. Be merged out of existence specifies in writing to the contrary. HCEs in the case of a plan that fails nondiscrimination testing. b. ERISA. As an employee of Funk, Franklin was a participant in the Plan.