In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. At all relevant times, Plaintiff Jose Luna was a participant in the Plan within the meaning of ERISA § 3(7), 29 U.S.C. § 1002(7).It is undisputed that Ikekwere signed an offer letter and handbook explicitly stating that his employment was at-will. On August 30, 2015, Plaintiff provided medical care to "Patient 'A. Section XV highlights specific types of ERISA litigation, including developing issues such as employer stock litigation and. Filing an ERISA claim is the first step towards collecting long term disability benefits. ERISA section 510 makes it unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary. ERISA Watch Court Applies Strict Requirement to Exhausting Administrative Remedies: "take this letter as an appeal" Is Not Enough. Of Section 3(7) of ERISA, 29 U.S.C. § 1002(7), in the Employer Long Term. Disability Plan (the "LTD Plan"). 5.