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.
The Employee Retirement Income Security Act (ERISA) is a federal law that, while providing many important legal protections related to insurance, can serve as a hindrance for many policyholders who wish to appeal a denial of benefits. While ERISA does establish baseline standards that all employer-provided insurance plans must meet, it also places a burden on policyholders to exhaust all administrative remedies before demanding enforcement of a policy in court. As filing an administrative ERISA claim denial appeal in Louisiana can be an intimidating process, it is encouraged for anyone seeking such an appeal to seek legal counsel. Contact a knowledgeable ERISA disability claim denial lawyer to start discussing 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 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.
ERISA regulations state that all employer-provided health plan administrators must establish an internal appeal process to handle disputes. In addition, a policyholder must exhaust this process before a court can hear a case alleging a breach of insurance contract. However, it is important to know what an appeal entails in this context, as well as why a policyholder might need to pursue one.
An appeal argues that the insurance company improperly denied benefits under a plan. This could be for an administrative reason, such as the policy not being valid at the time of the claim, or one that speaks to the terms of the policy, such as the policyholder not working for a company long enough to collect a pension.
In either event, the insurance company must send the policyholder a denial letter stating the reason for the denial and outlining the appeal procedure. Insurance companies must give policyholders at least 180 days from the date on the letter to file an administrative appeal for an ERISA claim denial in Louisiana.
Our number-one goal is getting you and your family back to financial security as soon as possible.
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Oftentimes, a policyholder’s best chance at obtaining benefits is to file a lawsuit in court. This is because an internal appeal process is unlikely to change a decision an insurance company has already made. Still, a United States District Court will refuse to consider such a case unless a plaintiff exhausts this process.
Any lawsuit a claimant files in a local US District Court should include their denial letters as exhibits. These should accompany their claim that the insurance company breached their obligation to provide benefits as proof that the administrative remedy failed to solve the dispute. If successful, the lawsuit could require the insurance company to provide benefits as described by their policy.
Starting a civil suit in a United States District Court is now done completely online and requires a litigant to register with a service. The interface is fairly user-friendly but does require a litigant to state a cause of action, properly identify the defendant, state why the court has jurisdiction, and demand appropriate relief. An attorney could provide invaluable service for all these necessary procedures.
The ERISA laws that control employer-provided insurance plans are complex under even the best of circumstances. One area that often complicates a policy holder’s search for benefits is the requirement to exhaust all internal appeals with the insurance company before filing a lawsuit. Only once this is done would a US District Court consider the case.
Filing a lawsuit is also a complex matter, and although litigants are legally allowed to represent themselves, a failure to properly pursue a claim may bar recovery. Contact an ERISA lawyer today to learn more about filing an administrative ERISA claim denial appeal in Louisiana and the steps you may need to take afterwards to successfully recover compensation.
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