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 for ERISA disability can be a confusing and lengthy process, especially if you are actively dealing with physical or mental disabilities at the time of filing, or if you are unfamiliar with how the system works and what your rights are.
One specific point that applicants should be aware of is that, since ERISA is federal law, they are subject to ERISA disability and offset provisions in Louisiana and everywhere else in the country. What this means for you is that your disability income may be reduced by other sources of income you have.
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.
Certain provisions in ERISA disability insurance policy allow for the carrier to deduct other income the recipient may have or is eligible to have from their disability payments. While the offset provisions may only make up a few sentences in the ERISA disability policy, they can potentially have a large impact on an applicant’s life. Knowing what types of offsets may apply to any individual circumstances is important to understanding the disability benefits someone may be eligible to receive.
Our number-one goal is getting you and your family back to financial security as soon as possible.
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In a nutshell, offsets prevent ERISA applicants from stacking multiple insurance benefits on top of each other. The total amount of disability insurance payments a recipient is entitled to every month is lessened by certain other sources of income as listed in each individual policy. For instance, if someone is supposed to receive $2,000 each month for long term disability benefits and is entitled to $1,000 per month from Social Security Benefits, their long term disability benefits would decrease to only $1,000.
By law, only certain types of income can cause an offset to occur for your disability benefits. These include social security disability, state disability insurance, and third-party settlements.
Social Security Disability
The most common offsets include Social Security disability insurance (SSDI) and Supplement Security Income (SSI) benefits. SSDI grants monthly benefits to people who are disabled and unable to work prior to reaching retirement age.
State Disability Insurance
Many states such as California, New York, New Jersey, Rhode Island, and Hawaii have their own disability insurance programs. For instance, residents in California may be eligible to receive 52 weeks of disability payments up to 55% of their earnings in the highest quarter of the base period prior to disability. However, Louisiana only offers an $8 supplement to SSI recipients who live in long-term care facilities sponsored by Medicaid.
If an injury results from the actions of another party, the victim may receive a legal settlement. If they do, the amount of the settlement could be deducted from their ERISA disability income each month.
To ensure that your offsets are correctly calculated and managed, contact a Louisiana ERISA disability and offset provisions lawyer. An experienced attorney from our disability team could examine your policy and benefits to make sure you are receiving what you should.
In some cases, if you have private disability insurance, a skilled lawyer may be able to negotiate a lower offset amount for your benefits. If you believe your ERISA disability benefits are being wrongly calculated or offset, call us today so we may help set things straight with your insurance carrier.
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