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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.

Requirements for Filing an ERISA Suit in Louisiana

If your initial claim for disability benefits has been denied by your plan administrator, it is essential that you realize that, under ERISA, you cannot file a lawsuit until you have exhausted all administrative avenues of appeal. Appeal procedures differ from plan to plan; your summary plan description (SPD) will outline the exact steps you must follow to appeal your claim denial.

If you fail to follow the appeal process as defined by your plan and proceed with litigation, the court will have grounds to dismiss your case with prejudice of the claim.


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.


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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By establishing such stringent requirements for filing ERISA lawsuits, insurance companies are hoping that most claimants will simply let the matter drop, even if they feel that their claims were unfairly and unreasonably denied. In reality, this happens far too often, leaving legitimately injured employees without the benefits they absolutely deserve. Claimants become intimidated by the very idea of taking on powerful insurance companies with vast legal resources, so they don’t bother to review their rights and options with a qualified lawyer. They just give up.

Don’t let this happen to you. With a skilled and reputable Louisiana ERISA lawyer such as J. Price McNamara in your corner, you can obtain the full measure of disability benefits to which you are entitled. He will make sure that you have fulfilled all of the prerequisites to filing a lawsuit according to the criteria set forth in your plan document. When the time for litigation arrives, he will prepare the strongest case possible and may even be able to reach a favorable settlement before the case reaches a federal judge. Even the biggest insurance companies tend to change their tunes once they know that the playing field isn’t tilted entirely in their favor.


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)

Most people whose disability claims are unfairly rejected don’t fight back. Those who do fight back, however, often win.

Process of Filing a Louisiana ERISA Lawsuit

This question is at the heart of every ERISA case, and only you can answer it. It’s a very different question from “If I file an ERISA lawsuit, can I win?” Unless you have already filed an appeal that left out vital documents and information, the answer to this question is generally “yes,” especially with qualified legal representation. But first you must decide whether filing a lawsuit is worth your time and effort.

In the vast majority of cases, the plan vests the plan administrator with full discretion over the acceptance and denial of claims, as well as over the interpretation of the plan’s terms. In these cases, the court can overturn the plan administrator’s decision only if it can be proven that the decision was made in an “arbitrary and capricious” manner. Deference must be given to the decision of the plan administrator.

If the plan administrator is not granted this discretionary authority in the official plan document, then the court will review the claim denial de novo – that is, without giving deference, or even consideration, to the insurance company’s prior decisions.

While de novo review is generally preferable for claimants, it has become rare in ERISA cases. Almost certainly, your case will not meet the requirements for de novoreview, in which case you will be waging an uphill battle. It is ultimately a battle youcan win, but an uphill battle nevertheless.

In considering whether you should pursue litigation, you must also keep in mind that ERISA does not allow claimants to recover punitive damages via the courts, nor does it allow claimants to collect compensation for breach of contract, insurance bad faith, or emotional distress. You will have the opportunity to collect the benefits to which you are entitled along with any interest accumulated and, at the court’s discretion, at least part of your attorney’s fees. Claimants who hope to receive windfalls may decide that ERISA litigation is not best suited to them.

Conditions for Filing an ERISA Lawsuit

Your summary plan description will attach strict deadlines to every part of the appeal process. While it may be possible to get an extension if you request one in writing, you will be in violation of the terms of the plan if you simply ignore the deadlines. As such, you will almost certainly be precluded from pursuing your disability benefits in a court of law.

If you would like to have your ERISA case evaluated free of charge and obligation, please contact the Law Offices of J. Price McNamara today. Attorney McNamara can advise you of your legal rights and options and help you follow the terms of your plan to the letter.

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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