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Counterclaim for Disability Benefits Properly Framed in Terms of Sereboff Prerequisites
Health Plan Law 
[Guidance Overview] July 3, 2008
Excerpt: Professor Roger Baron calls our attention to another recent counterclaim case in which the district court got the analysis right. The case is Killian v. Johnson & Johnson, 2008 U.S. Dist. LEXIS 49580 (D.N.J. June 23, 2008). In that case the defendant in a claim for benefits case filed a counterclaim, asserting that social security benefits received by the plaintiff should have been offset from disability benefits paid to her - resulting in her actually owing the plan, on the defendant's theory, some $45,000.
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