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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.

Filing an ERISA Disability Lawsuit in Texas

Each year, millions of ERISA disability claimants are denied access to the benefits they paid premiums for. Some denials are legal and have a valid basis and some are illegal. If you were denied an ERISA disability claim, even if you were denied your first or second appeal, you do have another option.

Instead of giving up and accepting that you will not get your benefits, you may want to consider taking your claim to court. The representation of a qualified attorney may make filing an ERISA disability lawsuit in Texas less stressful and potentially successful.


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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Options After a Claims Denial

After a claimant received notice that their ERISA disability claim was denied, they can decide to do nothing and live with the decision or to take other steps to attempt to get their claim approved. If they decide on the latter, consulting an experienced ERISA insurance lawyer may help. Under the new law 29 C.F.R. § 2560.503-1, claims filed after January 1, 2018, can be litigated even while administrative remedies are being pursued.

Claims filed before that date will require the claimant to exhaust at least one, possibly two appeals, prior to filing a lawsuit. An attorney can help a denied claimant determine whether the case falls under the old or new laws.


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)

ERISA Claim Types

In general, there are two types of claims a plaintiff can make in an ERISA disability case, a benefit claim and a breach of fiduciary duty claim. A benefit claim requires the plaintiff to prove that they cannot work due to a specific medical condition.

A fiduciary duty claim arises when those responsible for running the insurance plan misrepresent the plan, engage in unlawful acts, make imprudent investments, or fail to follow instructions. This type of claim can hurt the entire insured group or just one individual.

Limits to Damages in Texas

When a plaintiff files an ERISA disability lawsuit in Texas, their damages will be limited under the law. The individual can claim the benefits themselves, interest on the benefits that were previously due, and, under some circumstances, may be able to recover part of their legal fees. A plaintiff recovers these fees only if they win and only for the actual litigation time not the time spent on other remedies such as filing appeals.

Get Assistance with Filing an ERISA Disability Lawsuit in Texas from an Attorney

The process of applying for, appealing, and filing an ERISA disability lawsuit in Texas can be quite complicated and overwhelming. There are deadlines to meet and specific information that must be submitted to comply with federal laws. If these policies are not followed, the chances of being awarded your disability claim may completely disappear.

No matter where you are in the process, seeking the assistance of an attorney who is well-versed in insurance law can help make this process easier and potentially successful. If you have considered filing an ERISA disability lawsuit in Texas, contact a knowledgeable ERISA attorney today. They may be able to help you through the process and seek a positive outcome.

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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