In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. That is what, in fact, occurred. 128.The notion the a plaintiff in a civil lawsuit may plead different claims in the alternative is well established in both case law and formal rule. ERISA and Indiana state law provide different remedies for claimants whose benefits have been denied for no good faith reason. This article will focus on considerations relevant to supporting your client's position during the administrative review process. Under Section 510 of ERISA. This document addresses requirements that an individual must satisfy in order to have a legal claim under the EEO statutes. So as a completely separate basis for recovery, Rule 8(a) allows plaintiffs to plead recovery under negligent misrepresentation.