Your appeal letter is based in fact and provides a compelling summary of your stance, the evidence you have of your injury and your inability to work. In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more.Request assistance from a Benefits Advisor. To get a Benefits Advisor to call you, submit your name, address and phone number. An ERISA plan can be held to exist in the absence of a written plan document or compliance with other ERISA requirements. Do you need to recover short term or long term disability insurance benefits? Our ERISA attorneys explain the ERISA claim process here. Under ERISA law, insurance companies and plan administrators are allowed to take up to 105 days (more than three months) to decide the claimant's initial claim. This decision provides employer plan sponsors and administrators with some important reminders regarding ERISA document requests. What is the point in pursuing the claim if everything is going to go to the Plan.