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.
There are a variety of reasons why a claim for long-term disability insurance might be denied by your insurance company. In some instances, the insurance company might determine that you are not suffering from a long-term injury or illness, as required by the language of the insurance policy.
Moreover, the insurance company might determine that you are capable of doing some work, and that therefore, you are not entitled to long-term disability benefits. Finally, the insurance company might determine that you did not supply the necessary medical documentation to support a valid claim for long-term disability benefits.
If your claim for long term disability benefits under an ERISA plan has been denied, you may have several legal options that are available to you. One of those options may be to go through the appeals process. This process can be complicated if you do not have an experienced El Paso ERISA disability appeals lawyer representing you. Attorney J. Price McNamara of the Law Offices of J. Price McNamara could assist you with pursuing your ERISA disability appeal – either administratively or through the court system. Please contact us online today to discuss your options.
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 acronym ERISA stands for the Employee Retirement Income Security Act of 1984. This is a federal statute that was enacted by Congress. Since it is a federal statute, it trumps any contradictory state laws. The ERISA statute typically applies to long-term disability insurance policies which are part of an employer-sponsored plan.
There are many reasons why a claim for long-term disability insurance could be denied under an employer-sponsored ERISA plan. For example, you may not have provided the necessary documentation to show that you are truly disabled and that you are unable to work. Moreover, you may not have followed the necessary procedural requirements for filing your claim, and the insurance company may have denied your claim on that basis.
In any event, when the insurance company denies your claim, it must send you a letter specifically stating the reasons for the denial and pointing to the insurance policy language which serves as the basis for the denial.
Our number-one goal is getting you and your family back to financial security as soon as possible.
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There are several steps that you must follow in order to appeal the denial of long-term disability benefits under an ERISA policy. First, you are required to exhaust all of the administrative remedies under the policy. During this part of the process, you should look to the initial denial letter to determine what documentation must be included with your appeal – and to see what defects need to be remedied.
Once you have exhausted all of the administrative remedies for appeal, you then have the option of filing suit in the federal court system against the insurance company. Once the case is litigated, a federal judge will reach the final determination about whether or not you are entitled to long-term disability benefits. Because ERISA is a federal statute, state law does not apply, and the case will go forward in the federal court system.
Following the procedural protocols is absolutely necessary when it comes to being successful with an ERISA disability appeal. Lawyer J. Price McNamara of the Law Offices of J. Price McNamara can ensure that you comply with all of the necessary requirements to increase your chances of success on appeal. To schedule a free legal consultation and case evaluation with an experienced El Paso ERISA disability appeals attorney, contact us online today.
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