ERISA got completely off track when it veered into the areas of health and disability benefit claims. The impact that it has had in those areas has been devastating for consumers because there are no written guidelines for them to follow. So the only way to restore fairness to this system is to drastically curtail ERISA's pre-emption of state law remedies, by reestablishing the right of an individual to sue his benefit plan for damages, or for breach of contract, and for "bad faith".
ERISA litigation, the claimant plays against a stacked deck.
Q: Is Consumer Protection Department protecting the consumer or corporate?
ERISA was enacted by Congress to address issues relating to pension fund administration.