Plaintiff challenged  grant of summary judgment in favor of First Unum Life Insurance Company (Unum) on Unum’s counterclaim for restitution of overpaid benefits. “We vacate the judgment in favor of Unum on Unum’s counterclaim for reimbursement of overpaid long-term disability benefits. Unum has not shown that it is seeking equitable relief because it has not satisfied the elements for an equitable lien by agreement, which is the only form of equitable relief Unum has asserted. These elements are not satisfied because the particular fund subject to the lien, having been dissipated, is no longer in Bilyeu’s possession. Unum thus seeks only the imposition of personal liability against Bilyeu, to be paid out of her general assets. That is quintessentially legal, rather than equitable, relief.  There is much to be said for maintaining uniformity among the federal circuits, and we should strive to do so when we can.  ERISA, however, provides only for “equitable relief,” and Unum has not shown that the relief granted here – judgment in the amount of $36,597.82 in favor of First Unum Life Insurance Company – to be paid out of Bilyeu’s general assets falls into that category. The district court did not identify a particular fund and impose upon it an equitable lien.” Bilyeu v. Morgan Stanley Long Term Disability Plan, 683 F.3d 1083 (9th Cir. 2012).