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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.

Houston ERISA Litigation Attorney

Assisting Individuals in Houston with ERISA Litigation

A person seeking benefits from an insurance plan that is subject to the Employee Retirement Income Security Act (ERISA) should retain an experienced Houston ERISA Litigation Attorney prior to initiating the claims process. Stated simply, federal law creates many incentives for insurance companies to deny the otherwise valid claims of people seeking benefits.  Accordingly, insurance companies deny these claims because they face minimal consequences.

Contact the experienced Houston ERISA litigation attorneys at the Law Offices of J. Price McNamara today to learn more about how we could litigate your case.

Federal Law and Employer-Provided Benefits

In 1974, Congress enacted the Employee Retirement Income Security Act, in order to provide supervision and regulation of employer-provided benefits. ERISA does not require employers to provide employee benefits, such as health insurance, disability insurance, or pensions, but was instead meant to ensure that employees have access to and receive these benefits if they are offered. Unfortunately, because of the law’s complexities and other unforeseen consequences, it sometimes has the opposite effect of encouraging insurance companies to deny claims.

How to Know if ERISA even Applies

ERISA applies to employer-provided benefits for which the employer pays some or all the insurance premiums. However, if a claimant is employed by a government agency or a religious organization, ERISA is not applicable. ERISA does not apply to insurance benefits that are purchased privately by a claimant.

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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Making a Claim for Benefits

The process of obtaining benefits begins with submitting a claim for benefits to a plan administrator for a review and decision. However, retaining an ERISA attorney with a record of success improves the likelihood of the claim being approved.

Assuming the claim is denied, the claimant may appeal the denial internally through the insurance company and is permitted to supplement the claim with additional documentation and medical evidence. If the claim is denied on appeal, the only remaining option is to litigate the claim in federal court.

ERISA’s Unintended Consequences

Legal disputes between people seeking benefits from insurance policies that provide coverage for general liability coverage, homeowners’ liability coverage, or automobile liability coverage are traditionally litigated in state courts. However, ERISA preempts, or overrules, state law, thereby forcing these claims into federal court – a much more favorable venue for insurance companies.  

In federal courts, claimants are not entitled to a trial by jury and may not testify. Moreover, they are not permitted to bring a bad faith denial claim against an insurance company. The insured will only succeed if a federal judge finds, after reviewing the appeal record, that an insurance company’s denial was egregious. Having an experienced Houston ERISA litigation attorney on board, however, can make the litigation process easier and increase your chances of success. 

Our number-one goal is getting you and your family back to financial security as soon as possible.

Contact Us Today. We Can Help You.

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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)

How can a Houston ERISA Litigation Attorney Help?

Retaining an ERISA litigation attorney at the beginning of the process increases your likelihood of success because the attorney can consult with doctors and prepare the claim prior to it ever being submitted. If a claim is denied, an attorney can gather and attach additional medical documentation and evidence, in order to maximize your chances of success during an insurance company appeal or federal court litigation. To learn more about the representation we can provide at the Law Offices of J. Price McNamara, contact us online today.

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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