In Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006), an ERISA Plan sued the plan beneficiaries when funds were distributed to the Sereboffs without first satisfying an ERISA lien. The ERISA plan sued for injunctive relief, requesting a temporary restraining order and preliminary injunction requiring the couple to retain and set aside at least $74,869.37 from the settlement proceeds to reimburse the plan for medical benefits. The district court approved a stipulation by the parties where the Sereboffs agreed to preserve $74,869.37 in an investment account until the issue was resolved. The Court held that the Plan could bring an equitable claim under § 502(a)(3)(B) of the ERISA Act. It then found that enforcement of an agreement to pay money upon receipt is an equitable action and that the agreement constitutes a lien. The Court distinguished the result here from Knudson because the plan sought specific funds, subject to the agreement, which were still in the hands of the Sereboffs.
ADLs and IADLs Activities of Daily Living and Instrumental Activities of Daily Living describe basic…
Planning for Adult Children with Disabilities Childhood Disability Benefits assist disabled children and adults who…
Video Wills You might wonder whether you can make a video recording of yourself stating…
2025 Georgia Medicaid Transfer Penalty If an applicant for long-term care Medicaid (e.g., nursing home…
Recently, my dad died. While I was driving back from being sworn in as his…
In Georgia, an individual has legal capacity to make a Will "when the testator has…
