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.
Disability insurances premiums may be a hassle to pay for, but insurance is designed to give individuals a peace of mind even if they may not wish to rely on it. Oftentimes, insurance companies do not live up to the guarantees of coverage they originally promise, and you may have a valid reason to think your faith was misplaced.
Insurance companies may attempt to deny long term disability claims on the basis that the claimant had a pre-existing condition. This is a legitimate concern if you have recently started employment. It may be prudent to Speak with a Louisiana ERISA disability claim denial lawyer if you want to review your policy or have questions about a preexisting condition exclusion for disability insurance in Louisiana. A compassionate insurance lawyer could provide you the aid and representation you need to manage your insurance affairs.
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 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.
According to Louisiana Revised Statutes §23:1221, an employee must provide clear and convincing evidence that they are physically unable to engage in any employment in order to qualify for a disability insurance payout under ERISA. This could be done through medical records or the testimony of doctors and specialists since there must be proof of the need for medical disability, other than the claimant’s statement of symptoms.
Insurance carriers may usually wish to see a medically determinable physical or mental impairment. These impairments are the result of anatomical, physiological, or psychological abnormalities that could be proven with clinical and laboratory diagnostic techniques.
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.
Unfortunately, it may be common practice for insurance carriers to have a clause that allows them to deny coverage based on preexisting medical conditions. This is referred to as the preexisting condition exclusion. To the advantage of the insurance company, a preexisting condition could be broadly defined.
When a disability claim is submitted, insurance companies might typically review the current and prior medical records of the claimant searching for reasons to deny the claim. If they find that the records contain information about prescriptions, referrals, or complaints that are similar to the condition causing the claimant to apply for long term disability, they could use this as a reason for denial. A dedicated and experienced lawyer could help you better understand what conditions may exclude you from coverage.
Claimants in Louisiana who are denied ERISA coverage should check for the preexisting condition exclusion for disability insurance in their policy’s contract. This time frame might vary from one policy to the next.
If a claimant is past the exclusionary period, the insurance company may be unable to use this as a valid reason or denial. However, if the insurance company finds medically related information that was documented in the medical record during the exclusionary period, they most certainly could deny the disability claim.
The good news is, you may not have to simply live with the denial of the insurance claim based on a preexisting condition exclusion for disability insurance in Louisiana. You may have the right to obtain an attorney for legal representation and appeal this rejection. You may also have the right to take the matter before a judge.
Discussing the details of your claim with a lawyer could help you decide how to best resolve the issue. They could review the claims process for your policy and may be able to work with you to find out if your disability was caused by a preexisting injury or illness. Call today to meet with a seasoned insurance attorney who may be able to help you get your disability claim approved.
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