In fact, the federal judiciary has gone in the opposite direction and has ruled in many cases that ERISA generally does not allow pleading in the alternative. ERISA requires that beneficiaries whose claims have been denied appeal the denial to a named fiduciary of the ERISA plan before bringing suit.How Do I File an ERISA Claim? Different types of claims have different procedures. This booklet describes some of your plan's obligations and briefly explains the procedures and timelines for filing a health claim. In this article, we break down some of ERISA's complexities and highlight its key rules of engagement. In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. To schedule a free claim review with a member of our legal team, reach out to our law offices at 866-311-3796 or fill out our online contact form. If your ERISA claim has been denied, knowing when to sue for breach of fiduciary duty in ERISA cases may be integral to the success of your claim. In an ideal world, being approved for long-term disability benefits would be a matter of simply filling out an application.