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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.

Louisiana ERISA Disability and Offset Provisions

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.


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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.

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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.

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What are Offsets?

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.


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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 Offsets Work

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.

Other Income Offsets

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.

Third-Party Settlements

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.

Contact a Louisiana ERISA Attorney to Preserve Your Benefits

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.

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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