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Attorney Arcadier
Attorney Arcadier, Attorney
Category: Business Law
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Experience:  Contract questions and Incorporation questions answered.
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This question has to do with a long term disability benefit

Customer Question

This question has to do with a long term disability benefit welfare plan under "Erisa" under a provision plan you are required to sign and return the reimbursement agreement comfirmining to repay any overpayments if any unpon disability.

Q-- If the Company is unable to produce any such form because no such form was signed. Do I have to pay them back? I did not agree.
Submitted: 4 years ago.
Category: Business Law
Expert:  Attorney Arcadier replied 4 years ago.

Attorney Arcadier : You cant be required to pay it back under erisa, however, the plan administrator can still chose to sue you on an unjust enrichment claim. However, this will be a week claim unless they can show that you knew or should have known that you were being overpaid.

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