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.
When you are unable to work, you may need LTD benefits to maintain your financial security. However, insurance companies tend to deny disability claims, especially if your policy provides high-value benefits. Before you file a claim for benefits, you need to be well-prepared. Long-term ERISA disability lawyer J. Price McNamara can help.
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 want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of…
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.
Insurance companies typically pay long term disability benefits, and your eligibility will depend upon the terms and conditions of your policy. Before you file for LTD benefits, you should get copies of your current Summary Plan Description (SPD) and Plan Document. LTD plans must set out their eligibility criteria and claim process in writing. The SPD will give you an overview of these issues, while the full Plan Document provides a comprehensive (and more formal) discussion of the plan’s criteria and processes.
While eligibility varies from plan to plan, there are some common requirements. Typically, to be eligible for LTD benefits you must:
If there is any doubt that you meet your plan’s criteria, your claim will be denied. While a denial can be upsetting, do not assume that you are ineligible for LTD benefits.
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.
Long term disability claims are denied for many reasons. There may be a technical problem, such as a late filing or a short-lived disability. However, most LTD claims are denied for more nuanced reasons, including:
Moreover, insurance companies frequently deny legitimate long term disability claims. If your claim is denied, contact a long term disability lawyer for assistance. An experienced lawyer will perform a detailed analysis of your claim, create a customized appeal strategy, and ensure that you follow your plan’s procedures.
The LTD process varies depending on whether you have an ERISA or non-ERISA plan. The Employee Retirement Insurance Security Act (ERISA) is a federal law that controls employee benefit claims. If your long term disability plan is employer-funded, ERISA typically applies. However, ERISA does not cover employee benefits offered by governments and religious organizations. If you have a personal LTD policy, it is a non-ERISA plan. If you need help assessing your plan, contact a long term disability lawyer for assistance.
In an ERISA claim, you cannot immediately file a lawsuit disputing the insurance company’s denial. Instead, you must exhaust your administrative remedies by filing an appeal with your plan administrator (typically the insurance company). In an administrative appeal, you must follow the procedures set out in your SPD and Plan Document. If you do not follow these procedures, your appeal will be denied.
It is important to provide all of your evidence at the administrative appeal level. Once the insurance company has issued a decision in your ERISA appeal, it is very difficult to submit additional evidence. For this reason, you must review the insurance company’s complete file and supplement it with any missing evidence (including medical records, vocational information, and other important data).
If the insurance company denies your administrative ERISA appeal, you may file a federal lawsuit. Filing deadlines may vary, depending on your plan. If you do not file a timely appeal, the federal court will dismiss your claim.
In a federal ERISA appeal, you will not have a jury trial. Instead, a judge or magistrate will review your claim and written arguments and issue a decision. Since these appeals are highly technical, consider hiring a skilled long term disability lawyer to assist you.
In a non-ERISA claim, you may immediately file a lawsuit against the insurance company, appealing your denial. In most cases, your lawsuit should be filed in a state court. You may be able to request a jury trial and seek punitive damages if the insurance company denied your claim in bad faith.
Regardless of whether you have an ERISA or non-ERISA claim, it is important that you build the strongest case possible. This will involve a detailed analysis of your plan’s terms and conditions, your medical records, and vocational information. Many disabled individuals cannot do this on their own. A long term disability attorney can help you follow the correct legal procedures, build a compelling case for benefits, and maximize your recovery.
Long term disability attorney J. Price McNamara has over 20 years’ experience handling LTD and other insurance claims. Contact his office for more information.
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