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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.

Determining if Your Louisiana Long Term Disability Plan is Covered by ERISA

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.


We answer any questions
you have FREE OF CHARGE.

(866) 248-0580

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.

Why I Love Our Mission Of
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.

See How We Have Helped Others In Situations Just Like Yours.

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Defining ERISA

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.

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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)

Understanding Louisiana Long-Term Plans

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 must be a plan, fund, or program
  • Established or maintained by an employer or employee organization, or both
  • It must provide medical, surgical, hospital care, sickness, accident, disability, death, unemployment, or vacation benefits

It is important to note that ERISA policies have the option to mandate employee contributions such as a copay.

Safe Harbor Regulations

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.

Assistance Determining if Your Louisiana Long Term Disability Plan is Covered by ERISA

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.

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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