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RECOVER YOUR DENIED INSURANCE BENEFITS

LET A FORMER INSURANCE COMPANY ATTORNEY
GUIDE YOU

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 Short-Term Disability Insurance Denials

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.

 

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you have FREE OF CHARGE.

(866) 248-0580

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.

Why I Love Our Mission Of
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.

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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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Why an Insurer Might Deny a Claim

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:

  • The injury is not severe enough to prevent the employee from working
  • The employee did not miss enough time at work
  • The policy was not yet in effect at the time of the incident that caused the disability

 

Our number-one goal is getting you and your family back to financial security as soon as possible.

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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)

Legal Options Following a Denial

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.

A Louisiana Short-Term Disability Insurance Denial Could Delay Much-Needed Emergency Income

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.

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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