In Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, __ U.S. __, 136 S.Ct. 651 (2016), the United States Supreme Court recently held that ERISA does not permit an ERISA plan administrator to recover reimbursement in equity from a plan participant’s general assets and that strict equitable tracing requirements apply to equitable actions seeking reimbursement. This strongly suggests that disability insurers seeking recovery of social security disability overpayments cannot enforce such actions against a participant’s general assets and would encounter considerable difficulty enforcing equitable relief against the dissipated proceeds of a social security disability award. Legal
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