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.
The Employee Retirement Income Security Act often referred to by the acronym ERISA, is a set of laws designed to protect employee benefits from unfair or unwise practices. These laws include provisions that allow workers to sue for relief when they feel an employer has violated their rights under ERISA.
Since ERISA lawsuits can be complex, many people choose to work with a dedicated New Orleans ERISA lawyer when filing a claim. An experienced insurance attorney who understands ERISA claims could explain your options for relief, evaluate your eligibility for benefits, and provide representation throughout the process to work toward the optimal result.
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.
After initiating enacting ERISA in 1974, lawmakers have expanded the provisions with added legislation in subsequent years. The laws currently recognize that employees often base their decisions to accept or remain in employment in consideration of benefits they expect to receive. So, while ERISA does not explicitly require employers to provide benefits to employees, it does require employers to take certain actions to protect those benefits.
Specifically, ERISA imposes a fiduciary duty on employers and plan managers to manage pension funds in a responsible way, so they are unlikely to lose value. ERISA provisions also protect healthcare benefits, including long term disability insurance.
Our number-one goal is getting you and your family back to financial security as soon as possible.
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Among the protections provided under ERISA to New Orleans workers is a requirement that healthcare plans must explain to participants how to file claims for benefits, as well as the standards they must meet to qualify for benefits. For instance, the plan must set forth the standards for establishing a “disability.”
ERISA provisions also give employees certain rights regarding long term disability insurance. If the employer’s insurance company denies a claim for disability benefits, the denial must explain the reasons for denying benefits and the steps to appeal the decision.
In many instances, insurance adjusters deny health insurance claims because they report that the applicant has not met the disability definition for their insurance plan. Experienced ERISA attorneys often assist in such cases by devising strategies to counter denials.
Employees also frequently have claims denied due to failure to provide sufficient medical evidence to support the claim of disability. An attorney could assist with establishing a documentary record with the best available evidence presented in a persuasive format. For example, an ERISA lawyer in New Orleans might seek a physician’s statement detailing the reasons that the employee’s disability prevents the performance of job duties.
In addition to healthcare protections, ERISA also protects pension plans by imposing a fiduciary duty on plan sponsors and administrators. The law requires someone with a fiduciary duty to act in the best interests of the party to whom they owe the duty—in this case, employees with a pension plan. This duty requires the plan administrators to not only take certain actions but also to avoid taking improper actions.
For example, it would violate a plan administrator’s fiduciary duty if they took plan assets for personal use or received compensation from a business for using their plan management services. If a plan manager lent money to a person who was disqualified on the basis of conflict of interest rules, that would also be a violation of ERISA protections. When employees believe ERISA regulations were violated, they have the right to sue under the law.
Whether you are trying to determine your rights under ERISA or trying to enforce those rights, an experienced New Orleans ERISA lawyer could help. In addition to determining whether an employee has a cause of action under ERISA provisions, a knowledgeable attorney could provide advice regarding how to proceed with a case.
Moreover, your legal advisor could assist with collecting and presenting evidence to support your ERISA claim. Finally, your attorney could advocate on your behalf at all stages of the proceedings, from informal negotiations to formal hearings. To learn what may be possible in your case, call now.
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