In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. The starting point of all cases claiming breach of ERISA fiduciary duty is."whether the person was acting as a fiduciary when taking the action subject to the. This sixth edition discusses the wide range of issues that arise in litigation under ERISA. Section I addresses the Supreme Court's decisions defining ERISA's. Virginia ERISA disability and offset provisions are quite common, so you need to be aware of these provisions and their consequences if you violate them. Retirement Depending on the nature of the claim (i.e. Knowing what laws govern your insurance claim is the first step in the process of fighting an unfair denial. How Will the Insurance Company Decide My LTD Claim? ERISA also established the.