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.
ERISA is a federal law which stands for the Employee Retirement Income Security Act. This is a federal statute that Congress enacted in 1974. The original purpose of the act was to protect employee rights when a lack of funds resulted in their pensions being denied.
Currently, the statute covers all “employee welfare benefit plans.” These benefit plans include group disability insurance. Therefore, if you receive disability benefits through an employer-sponsored plan, that plan is most likely covered under the ERISA statute.
If you make a claim for disability benefits under your ERISA plan, that claim has to be reviewed thoroughly. However, in some instances, the claim may be denied by your insurance company. When that happens, it is important to have an experienced ERISA attorney in Austin on your side. Attorney J. Price McNamara of the Law Offices of J. Price McNamara can review your legal options with you and help you decide how you should handle an ERISA denial. Please contact us online today to discuss your options.
Pursuant to the ERISA statute, once a claim for disability benefits is presented, the insurance company must review it within a reasonable time period. The insurance company cannot require you to pay a fee or impose some other deterrent which might preclude you from filing a claim in the first place. The summary plan description in your insurance policy must also specifically state the deadlines for filing an ERISA claim or appeal.
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.
Under ERISA, if the insurance company decides to deny your claim for disability benefits, it must send you written notification that clearly explains the reason or reasons for the denial. The letter which the insurance company sends must explain why your particular claim was denied and must refer to the specific provision of the contract which serves as the basis for the claim denial. Moreover, the denial letter must let you know which materials or other documentation are necessary in order for you to correct the deficiency.
The insurance company’s denial letter must specifically inform you of your right to file a civil lawsuit after you have exhausted every step of the appeal process. Finally, the denial letter must state the deadline by which you must file your appeal.
An experienced ERISA attorney in Austin can review your claim denial letter and answer all of your legal questions. Moreover, your lawyer could assist you with compiling the necessary documentation to file an administrative appeal, or if those options have been exhausted, to pursue litigation in the court system.
If you and your lawyer decide to appeal the denial through the court system, the matter will be handled by a federal judge. Since ERISA is a federal statute, any litigation will proceed through the federal court system, rather than the state court system. Moreover, if you are filing an appeal in the court system, your case will not be decided by a jury. Instead, a single federal judge will decide the ultimate outcome of your appeal.
Our number-one goal is getting you and your family back to financial security as soon as possible.
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To schedule a free legal consultation and case evaluation with an experienced ERISA attorney in Austin, contact us online today for more information.
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