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Long Term Disability / Life /
Accidental Death / ERISA

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.

Defining Long Term Disability in Louisiana

Suffering a debilitating injury can be overwhelming but when you are faced with having to prove that your disability fits squarely into a certain definition to receive insurance benefits, it can be even more disheartening. However, there are attorneys who can help you evaluate your injury to determine whether it should be defined as a long term disability.

Defining long term disability in Louisiana depends on several different factors that involve a legal as well as a medical analysis of the facts. Because of the complexity of this process, working with an attorney for a thorough analysis may be helpful.


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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.

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Helping People Like You…

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.


About J. Price McNamara

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.

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Characterizing a Disability

The definition of long term disability is slightly different depending on the terms of the governing insurance policy. While the precise definition of long term disability can vary, there some common standards.

Many policies will consider an individual to have a long term disability when they are unable to perform their most recent job. However, other policies define a long term disability as the inability to continue working in any position that would be appropriate given an individual’s training, education, and experience.


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Baton Rouge Office

10455 Jefferson Hwy,
Suite 2B
Baton Rouge, LA 70809
Phone: (225) 201-8311
Fax: (225) 201-8313
(By Appointment)

New Orleans Office

4141 Veterans Memorial Blvd.
Suite 212
Metairie, LA 70002
Phone: (504) 458-8455
Fax: (225) 201-8313
(By Appointment)

Houston Office

363 N Sam Houston Pkwy E
Ste 1100 PMB, #114
Houston, TX 77060
Phone: (713) 439-0339
Fax: (225) 201-8313
(By Appointment)

The conditions that qualify for long term disability coverage will vary depending on terms of the controlling policy. Common claims for long term disability are based on the following types of medical conditions:

  • Musculoskeletal
  • Cancer
  • Poisoning
  • Cardiovascular
  • Mental illness
  • Nervous system
  • Complications related to pregnancy or childbirth

Conditions that are Excluded

Unfortunately, some disabilities, although debilitating, are specifically excluded from an insurance policy’s definition of a long term disability. Pre-existing conditions, meaning those that were discovered, diagnosed, or treated prior to the beginning of the coverage are usually not covered. Making a determination of whether the disability at issue was pre-existing will depend on the individual facts and circumstances of each case.

If an individual’s medical condition is mental in nature, coverage will likely be limited. Anxiety, depression, and dementia are examples of mental conditions that may result in limited coverage. Conditions related to alcoholism or substance abuse may also have limited or no coverage under long term disability insurance.

Receiving Payments for Disabilities in Louisiana

Individuals seeking long term disability coverage will need to have medical records to substantiate their claim. Any medical tests, evaluations, or reports will be helpful to establish the existence of a long term disability as defined in a policy. A legitimate disability without sufficient supporting evidence may not be recognized.

Long term disability benefits are not paid out immediately after a diagnosis. There is generally an elimination period imposed before the insured can collect long term disability. The individual must remain disabled and unable to work for the duration of that period. Elimination periods vary by policy, but typically last between three and 12 months. If the insured no longer meets the definition of a long term disability at the end of the elimination period, they may not be entitled to receive benefits.

Long term disability insurance ends upon the occurrence of certain events including:

  • End of disability
  • Death
  • Expiration of maximum benefit period
  • Failure to provide evidence of disability

Get Answers to Questions About Defining Long Term Disability

If you have questions or concerns about whether your injury or medical condition is a long term disability as defined in your insurance policy, a knowledgeable attorney is here to help. They can review your claim to help determine your options.

To schedule a meeting with one of a well-versed Louisiana attorney to discuss your long term disability, call today. A lawyer can work with you in defining long term disability in Louisiana to help clarify whether your injury qualifies.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

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