Many plans have internal claim and review procedures that must first be used. Courts usually require that participants utilize these internal procedures before a lawsuit may be filed. There are also time limits to take action in these procedures and it is a good idea to consult with an attorney, even at this stage to make sure that you protect your rights.

Plan participants and beneficiaries may sue under ERISA when their fiduciaries have breached their obligations. There are time limits to this as well.

A fiduciary to an ERISA plan may be liable for any plan losses resulting from the breach of fiduciary duties.