Plan reimbursement after settlement funds disbursed

Can the Plan get reimbursed even when the beneficiary’s settlement funds have been disbursed or commingled?

Yes in the 11th Circuit.  But watch out in the 9th Circuit.

Here’s the case of AirTran Airways Inc. v. Elem, __ F.3d __ 2014 WL 4694776 (11th Cir. September 23, 2014)(Willful refusal to abide by the terms