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Evaluating the Res Requirement for Benefit Overpayment Claims
Health Plan Law 
[Guidance Overview] Aug. 4, 2008
Excerpt: In an effort to find a remedy for fiduciaries to recover allegedly overpaid benefits, several courts have construed the Supreme Court 's holding in Sereboff v. Mid Atlantic as diminishing the requirement for a res to support a claim under section 1132(a)(3). This recent district court decision provides an opportunity to take a closer look at this reasoning.
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