: : Plan Prevails On Participant’s Challenge to Recoupment By Administrative Offset Of Benefit Payments

502(A)(1)(B) Claim for Benefits / 502(a)(3) / Equitable Remedies / Overpayments / Practice Tips

The Court is obliged to dismiss this action because Plaintiff has ultimately pleaded himself out of court. . . . Notably, Defendant has not pleaded that Plaintiff, in seeking to recoup and recouping the overpayments, …

: : Disability Insurer Policy Language Does Not Support ERISA Claim for Reimbursement of Overpayments

502(A)(1)(B) Claim for Benefits / 502(a)(3) / Overpayments

Provident offers a second theory of liability: equitable lien by agreement. Annual supplemental claims forms, signed and submitted by Messing between 2010 and 2017, contain the following language: “should my claim be overpaid for any …