Our past years of representing insurance companies taught us a thing or two about how they work behind the scenes. Let our experience work for you.
When a person becomes disabled due to an injury or illness, strain on the disabled victim as well as their family is tremendous. Unfortunately, disabled individuals who have purchased long term disability insurance, whether privately or through their employers, are often shocked at their disability insurance company’s refusal to pay benefits. Long term disability insurance claims are often denied – unfairly and without good reason, prompting a federal judge to say: “WHEN YOU BUY AN INSURANCE POLICY LIKE THIS, YOU ARE PURCHASING AN INVITATION TO A LEGAL RITUAL…AND YOU WILL BE DENIED BENEFITS.” The insurance companies now tells us, with some legal support furnished by the United States Supreme Court, that someone determined unable to work due to multiple disabilities, cannot be paid on the disability insurance they purchased through their employment.
Receiving a bill should never be the first step in getting help. Our firm knows that when dealing with an ERISA, long term disability or insurance claim, what you need is answers, and we are here to provide them free of charge.
Our firm welcomes telephone calls or the opportunity to visit with you in person to answer any questions you may have. We also provide FREE comprehensive case reviews. There is no obligation to hire us as your ERISA attorney.
Too much is at stake to guess about the best approach and strategy for fighting your denied insurance claim — years and years of financial security.
After spending years representing insurance companies, we don’t guess. We know their playbook and how they work behind the scenes. Using that knowledge, we’ve developed our own Clear Advantage Process for fighting claims.
It’s personally satisfying to use what I’ve learned as an insurance company insider, now for the good — helping families reverse unfair denials of insurance benefits they paid for, need and deserve.
Price McNamara began his law practice in 1990 representing insurance companies.
In 1995, Mr. McNamara founded McNamara Law Offices, where he represents people across the U.S. who are wrongfully denied long-term disability insurance, life insurance, and accidental death insurance benefits, with special focus on ERISA claims and lawsuits.
His is a member of the Louisiana and Texas Bars, with office locations by appointment only in Baton Rouge, Metairie, and Houston. He lives in Baton Rouge, Louisiana with his wife and their three children.
“Price showed no fear. The only thing I can use to actively describe what I saw that day in court was someone standing there protecting our family and fighting for them at the same time…he took control of the situation and was truthful.”
“It was a smooth process. I didn’t have to guess about what was going to happen next…I was reassured that he was going to do the right thing. I was reassured that he was looking out for me.”
“He was ready to fight for me…I felt like he had my best interest in mind. It wasn’t just for the paycheck at the end.”
“Price worked for an insurance company in the past and now he’s working against the insurance company so it was because of that we trusted that he knew how an insurance company worked and how to fight them.”
“I feel blessed that I can help turn things around for my clients who have been denied that piece of mind of financial stability and we make sure that the insurance company and the court realize that these are actual people, these are families that are suffering greatly.”
I want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of…
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like…
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will…
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able…
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who…
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the…
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by…
My client’s cause for an ERISA accidental death and dismemberment denial lawsuit began when both Esther and her husband were involved in a tragic head-on collision with an 18-wheeler. This tragic accident resulted in severe injuries to Esther, as well as David’s untimely death.
Our client, a young husband with two children, sustained closed-head brain injury as a result of an automobile accident. The at-fault driver’s insurance company initially refused to pay, but shortly before trial, agreed to pay the entirety of its insurance policy limits of $2,000,000.
Our client was a floor hand and Jones Act seaman who suffered a shoulder injury while working for Blake Offshore, LLC. Suit was filed in federal court in New Orleans. Blake and its insurance company offered relatively little in settlement, so the case proceeded to trial.
Our client sustained a fractured hip and reduced ability to earn wages in the future as a result of an accident sustained on the offshore drilling rig to which he was assigned. Suit was filed in federal court in New Orleans.
The plan and insurance language did not say, but the world should take notice, that when you buy insurance like this you are purchasing an invitation to a legal ritual in which you will be perfunctorily examined by expert physicians whose objective it is to find you not disabled, you will be determined not disabled by the insurance company principally because of the opinions of the unfriendly experts, and you will be denied benefits. Fortunately, the law, through left moribund by the Supreme Court’s legal interpretations, does not allow the purveyor of such empty promises to win the day.” Judge Elsen from the W.D.Mich. In Loucks v. Liberty Life Assur.Co. of Boston, 337 F.Supp.2d990; (W.D. MI. 2004). In other words, most disability insurance policies are written favorably to the insurer in denying claims. The applicable law is, likewise, favorable to the insurer. However, an unfair disability claim denial can still be successfully fought and reversed if done properly. At the Law Offices of J. Price McNamara, Our Baton Rouge ERISA lawyers have been fighting for disabled individuals a long-term term disability insurance companies for over a decade, winning successful trial verdicts and settlements for our clients whose claims were initially denied.
Our number-one goal is getting you and your family back to financial security as soon as possible.
Complete the confidential form for a free, no obligation case evaluation and we’ll tell you how we can help.
Long term disability insurance companies are corporations whose goal is profit. After they receive insurance premiums from their insureds, they maximize their profits by minimizing what they pay in claims. The more they pay, the less they profit. After collecting premium payments from their insureds for years, they often refuse to uphold their end of the insurance policy bargain when an insured person becomes disabled.
Thus, the disability insurance company collects premiums from you as long as possible, then will often deny your claim no matter how legitimate it may be once you become disabled and need benefits. They may even initially approve you for short term disability (STD) or long term disability (LTD) only to buy time while gathering information in an effort to later deny your claim.
In many cases, policyholders do not even fight back after they have been unfairly denied the benefits to which they are entitled. They believe that the fight may be too costly, and likely unsuccessful. However, of those disabled who do fight back with a Baton Rouge ERISA lawyer, many will win.
In order to be entitled to disability benefits, you must meet the insurance company’s policy definition of “disability.” The definition of “disability” varies from policy to policy. Even if you are found to be totally and permanently disabled in a Social Security disability claim, this does not automatically mean that you meet the disability insurance company’s definition of “disability.”
As a Baton Rouge ERISA attorney can explain, disability insurance companies may deny claims on technicalities even when their insured is clearly severely disabled. The insurance companies will use their own paid medical consultants who have never met you to provide opinions to them stating that you are not disabled. These insurance company medical consultants will often even disagree with your own treating physician who sees you on a regular basis. Then the insurance company will often accept its own medical consultant’s opinion regarding disability and disregard the opinion of your treating physician completely.
The insurance company will also ask you to sign forms authorizing them to collect personal background and other information on you that is far beyond what they are entitled to see. They will even hire private investigators to investigate you, follow you and even photograph and take video of you to help destroy your disability claim. The disability insurers will often use your signed authorization forms to collect medical and other personal records dating back years and years prior to your disability to support any conceivable argument to deny your claim, invading your personal privacy and exposing background information that is absolutely unrelated to your disability.
Even if you know without question that you cannot continue working, the disability insurance company will consider your opinion to be basically worthless. As noted above, they will even disregard your treating physician’s opinions regarding your disability in favor of their own hired consultants who have never met you. The insurance company’s decision to deny your claim is often made by a claims examiner who has no formal medical training whatsoever.
The Employee Retirement Income Security Act of 1974, commonly known as ERISA, is a federal law that often controls long term disability claims when the long term disability coverage is provided through one’s employer rather than a private long term disability insurance policy that is individually purchased.
When a disabled person’s claim is governed by ERISA, the law is extremely unfavorable to the disabled claimant and extremely favorable to the disability insurance company or Plan.
Many people do not even think of hiring an attorney until they are denied long term disability benefits. If you are denied long term disability benefits, the best time to hire a Baton Rouge ERISA lawyer is immediately, BEFORE AN ADMINISTRATIVE APPEAL OF THE CLAIM. An attorney experienced in long term disability insurance and ERISA claims will be able to gather and provide the evidence required to maximize the chances of winning the administrative appeal.
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