Does anyone know whether a participant in an ERISA welfare benefit plan who has validly assigned his benefits to a health care provider would be able to bring an action for benefits under 502(a)(1)(B) after the provider unsuccessfully did the same (in a case decided on the merits) (and within the time limit for bringing suit)? It would be a rare circumstance, and I imagine that the claim would be precluded (res judicata) on account of the provider/plan litigation. But I don't seem to be able to find any authority on this point.

If the participant assigned his right to recovery to the provider what remaining rights would the participant have left to bring an action since the provider can only sue based upon the rights the participant had to payment?

Why was the provider unsuccessful?

Couldn't it be that they were unsuccessful because of a status issue?