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.
A short-term disability insurance plan can provide essential income to people who are left unable to work due to an injury or illness. While many people obtain these policies as a benefit of working for a generous employer, they often must still navigate a difficult path with the insurance company who oversees the policy.
In addition, these short-term benefit plans are usually subject to the federal law known as the Employee Retirement Income Security Act (ERISA). This law complicates any appeals processes and can significantly delay a policyholder’s attempts to get a court to intervene in a dispute.
Louisiana short-term disability insurance denials may seem like an inescapable end to your economic wellbeing. However, if you receive a denial letter after seeking disability benefits, you still have options. A knowledgeable insurance attorney could help you understand the reasons for your denial and pursue appropriate legal recourse.
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.
A short-term disability insurance policy is much like any other insurance policy—in a nutshell, the insurance company agrees to pay benefits if a policyholder suffers a loss. However, one common dispute between companies and policyholders is whether a loss falls under the terms of an individual contract.
For example, short-term disability insurance plans only cover injuries that happen when an employee is not at work. Car accidents, serious illnesses, and even slips and falls can all qualify as grounds for benefit distribution under these plans. However, the insurance company may believe that an injury was the result of an employee doing their job. If so, it would be a matter for a workers’ compensation insurance claim to address.
Other examples of common disputes in Louisiana short-term disability insurance denials include the following:
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Any time an insurance company issues a denial, they must do so in writing with instructions on how to appeal that denial. Unfortunately, this appeal process can be very complex.
As discussed above, all insurance policies are contracts. Typically, a party to a contract may ask a court to intervene if they believe that the other party has failed to uphold their end of the bargain, and this is also true in short-term disability insurance disputes. However, the process to do so is complicated significantly by the Employee Retirement Income Security Act (ERISA).
ERISA is a federal law that regulates all employer-provided benefit plans. Because the vast majority of short-term disability benefit plan holders obtain these plans through work, ERISA typically governs the administration of these plans. This most directly effects policy holders when they need to appeal a denial.
ERISA states that all plan administrators must create an internal appeals process for handling disputes. In addition, a court may only hear a case alleging breach of insurance contract if a policy holder exhausts these procedures. As a result, a policyholder in Louisiana may need to wait many months after a short-term disability insurance denial before taking a case to court. Fortunately, an attorney may be able to help policyholders perform these inconvenient but necessary steps to protect their legal rights.
Receiving a denial following an application for short-term disability benefits in Louisiana can be incredibly demoralizing, especially if you need this money to cover vital expenses while you make a recovery from an illness or injury. Unfortunately, many insurance companies have a good-faith reason for issuing a denial and the legal remedy to protect your rights is complex.
If you have received Louisiana short-term disability insurance denials, an insurance attorney could help you understand the stated reasons provided by the insurance company and explore your legal options. Many times, though, this will require a multi-step appeals process before asking a court to intervene, so getting in touch with legal counsel sooner rather than latter could allow them to more effectively work to protect your rights. Call today to learn more.
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