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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.

New Orleans ERISA Lawyer

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.

 

We answer any questions
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.

See How We Have Helped Others In Situations Just Like Yours.

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An Overview of ERISA Protections

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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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)

Healthcare Protections of ERISA

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.

When Benefits are Denied

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.

Pension Benefit Provisions of ERISA

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.

Get Help from a New Orleans ERISA Attorney

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.

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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