In their thirdparty complaint, the Directors also asserted an ERISA claim against. Rode for "co-fiduciary breach.Most health plans provide a way for you to file an internal grievance or appeal. These procedures are described in your contract with the health plan. The Plaintiffs now move for Summary Judgment on the Defendants'. Section II addresses the question of standing to bring a claim against an ERISA fiduciary. Filing an ERISA claim is the first step towards collecting long term disability benefits. ("Kurt"), a closely held Minnesota company, to Kurt's employee stock ownership plan, or "ESOP," on October 5, 2011. If you have a complaint against your health plan, put it in writing. In a letter, Evan Flam's attorney asked BCBS to waive its right to subrogation.