Existing ERISA law regarding equitable liens provides that only an “identifiable fund” of money can be recovered since ERISA is an equitable statute and does not allow recovery of pure money damages. Based on such ERISA tenet, a Middle District of Florida court denied MetLife’s claim for reimbursement of an overpayment to a long term disability claimant based on the claimant’s SSDI award which offset his long term disability benefits under the subject disability policy. The Plaintiff filed an affidavit stating all the money had been spent and thus no identifiable fund existed. Herman v. MetLife, December 29, 2009
