Motion To Dismiss In Disability Offset Suit Should Be Denied, Magistrate Judge Says

Mealey's (February 4, 2021, 6:22 PM EST) -- AUSTIN, Texas — A Texas federal magistrate judge on Feb. 1 recommended denying a motion to dismiss filed by a disability insurer and a third-party administrator after determining that the defendants failed to sustain their burden of proving that the plan participant’s claims related to the offset of his disability benefits are moot based on the insurer’s decision to terminate the offset....