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.
If you are like most people, you likely had never heard of the term ERISA until you tried to file for disability or needed to use other types of employer-sponsored insurance benefits. However, understanding which laws and regulations your employer and insurance company are governed by is important to upholding your rights.
If you need help determining whether your Louisiana long term disability plan is covered by ERISA, talk with an experienced attorney. You may learn you have more rights than you originally thought which may help you win your claim.
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 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 Employee Retirement Income Security Act of 1974 is a federal labor and tax law that governs most employer-sponsored and voluntarily established retirement and insurance plans. When ERISA is administered correctly, it should protect the interests of the insured. Under ERISA, plans must have a grievance and appeals process for their participants. ERISA also gives participants the right to sue for access to their benefits and for any fiduciary breaches of duty.
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.
When determining if a Louisiana long term disability plan is covered by ERISA, several factors should be considered. Sometimes it is not a clear-cut answer. Generally, group and health plans that are owned or maintained by governmental agencies, churches, or those that are in place to comply with workers’ compensation, unemployment, or other disability laws are not governed by ERISA. If an insured person has such a plan, ERISA is not likely to apply. A knowledgeable lawyer could help an individual understand long-term plans.
Federal Courts all over the nation have asserted that there are five points a policy must have to be governed under ERISA. These requirements can be found in their statement below:
It is important to note that ERISA policies have the option to mandate employee contributions such as a copay.
Although the above statement from the federal courts helps determine whether a plan may fall under ERISA, it does not provide the final answer. The Department of Labor (DOL) has put in place safe harbor regulations that exempt certain plans from ERISA governing. To have safe harbor, four qualifications must be met, there must be no plan contributions from an employer and the program must also be voluntary.
Furthermore, the employer must not endorse the program but solely allow the insurance carrier to work with their employees for their insurance needs. Finally, the employer may not get any financial consideration or other benefits from the plans.
If you need assistance determining whether your Louisiana long term disability plan is covered by ERISA, you may want to consult with a dedicated attorney. Lawyers have experience in how to determine which plans are covered and which are not.
Regardless of whether you have an ERISA plan or not, a skilled attorney may be able to help you access the benefits that you deserve. Call today to learn more about how a lawyer can help with your long term disability plan.
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