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.
If your initial ERISA disability claim has been denied, you have reached a critical juncture in the claims process. You may feel discouraged, and understandably so, but you still have the opportunity to obtain the disability benefits to which you are entitled. You have the right to file an administrative appeal.
Precision and timing are of the essence. You do not have to go through the appeals process alone – in fact, you probably shouldn’t. The experienced ERISA attorney J. Price McNamara can work with you to ensure that you have perfected your disability claim in accordance with the recommendations of your ERISA plan administrator. Having a qualified ERISA attorney in your corner is the surest way to protect and assert your rights while the opportunity is still open to you.
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.
The administrative appeal is the single most important factor in your ability to obtain disability benefits after your initial claim has been denied. The appeal is not simply a letter explaining why you believe the decision should be overturned, nor is it something that can generally be amended once it has been submitted for review. Each ERISA plan has its own appeals process, which is explained in the official plan document. Your administrative appeal must follow this process precisely. The failure to do so will almost certainly prevent you from collecting your benefits, either through the appeals process or future litigation.
Our number-one goal is getting you and your family back to financial security as soon as possible.
Complete the confidential form for a free, no obligation case evaluation and we’ll tell you how we can help.
Your appeal should be comprehensive and exhaustive. It should include:
You most likely will not have the opportunity to amend your appeal with this evidence or any other documentation or information. Essentially, you get one chance to present the strongest evidence possible of your disability, and this is it. Furthermore, if you fail to provide the requested documents and information, it is highly unlikely that you will be able to introduce this evidence before a judge if your appeal is denied. There are special circumstances under which the court may allow the submission of such evidence, such as when it was originally excluded as a result of a due process violation. However, these instances are extremely rare.
You cannot file a lawsuit to dispute the original claim denial. You can file a lawsuit to dispute the appeals denial, however. The appeals process as outlined by the official plan document is not optional. It is a non-negotiable prerequisite to initiating litigation.
You have 180 days from the receipt of your claim denial to file an administrative appeal.
You can, but you should be aware that you will have a complicated, time-consuming task ahead of you if you do. An experienced ERISA attorney will have arranged appeals according to a wide range of plans, including those administrated by powerful insurance companies. You won’t have to worry about gathering medical evidence, writing the letter of appeal, or making sure that you have supplied every single document required by the official plan.
An ERISA attorney will also be able to determine whether the information provided by your doctor is sufficient and whether it is presented in language that your plan administrator will find appropriate and acceptable.
Remember that your plan administrator, especially if it is an insurance company, has extensive legal and medical resources at its disposal. There is strong financial incentive for your administrator to deny your appeal, and you can be certain that the documents you provide will be scrutinized in search of reasons to do so. Further, your administrator knows that if there are flaws in your appeal, you probably won’t have sufficient evidence to win a court case, even if you decide to hire an attorney at this point.
On the other hand, if you hire an ERISA attorney, your plan administrator will know that any subsequent litigation will be hard fought and require a fair amount of time, money, and resources. While your appeal may still be denied, you will definitely be improving your odds that you will be awarded the benefits you deserve.
The first step toward ensuring the preservation of your rights is to arrange a free case evaluation with J. Price McNamara, our skilled ERISA attorney. We can advise your of your legal rights and options and help you understand the best course of action in your case.
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