Section XV highlights specific types of ERISA litigation, including developing issues such as employer stock litigation and 401(k) fee litigation, among others. In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more.ERISA allows you to initiate legal action against an employer for violating your rights. Plaintiff brings this action for monetary and equitable relief pursuant to §§. If your claim for a welfare benefit is denied in whole or in part, you must receive a written explanation of the reason for the denial. Due to a period of service, as defined in the Plan or attainment of normal retirement age. Benefit. Paradigmatic example of complete preemption, is helpful. For example, the Code prevents forfeited contributions from being returned to the employer – they must stay in the plan to be used to benefit plan participants. Retirement Depending on the nature of the claim (i.e. Our letter will tell you about our complaint procedures and timeframes.