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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.

San Antonio ERISA Lawyer

Many American workers believe that if they cannot work due to injuries, they can rely on their employer-provided long term disability benefits. However, you can often run into issues once you attempt to collect these benefits. Without legal assistance, Federal laws make it difficult to navigate disability insurance claims. A San Antonio ERISA lawyer can help you understand your rights.

 

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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What is ERISA?

Federal law Employee Retirement Income Security Act (ERISA) protects employee pensions and other employee-funded benefits such as:

  • Life Insurance
  • Disability Insurance
  • Accidental Death and Dismemberment Insurance

Although intended to provide employees increased protections, ERISA had the opposite effect: injured employees seeking to obtain disability benefits faced countless obstacles while insurance companies approving or denying their claims were empowered.

If you are covered by an ERISA plan, you must follow specific claim procedures. Many insurance plans are not non-ERISA, however, such as government or church employees. Additionally, state laws apply to personal disability insurance policies. Because of these complications, a San Antonio ERISA lawyer can best help you comprehend the laws and procedures applicable to your claim.

 

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)

Processing ERISA Claims

Pursuant to ERISA, your employer-provided disability insurance plan must explain, in writing, its claim and appeal procedures. Be sure to request a copy of your current Summary Plan Description (SPD) and Plan Document, which your employer or plan administrator must provide, before attempting to file a disability insurance claim. An SPD provides you with an overview of:

You must strictly adhere to the claim procedures and filing deadlines outlined in your SPD and Plan Document, or you risk losing your disability benefits. Your plan administrator – who may be an insurance company, your employer, or a third party – has the power to approve or deny your claim.

Your filed ERISA claim submitted to the plan administrator should contain detailed information and evidence, like medical records. Do not solely rely on the plan administrator’s investigation. It is your responsibility to provide all supporting evidence of your claim. Your San Antonio ERISA lawyer can help you compile evidence to fully develop your claim.

You will receive a written notice if your disability insurance claim is approved, and can begin receiving benefits shortly thereafter. If denied, you will receive a letter explaining the reasons for the denial as well as information on the appeal process.

Denied ERISA Disability Claim

If your ERISA disability claim was denied, you can appeal the decision. Before filing a lawsuit against an ERISA plan, you must first “exhaust your administrative remedies” by:

  • Filing an administrative appeal with your plan administrator;
  • Adhering to the appeal procedures set out in your SPD; and
  • Submitting any additional or missing evidence prior to your plan administrator issuing a decision on your appeal.

If your appeal is denied and you have exhausted all your administrative remedies, you may then file a lawsuit in federal court. The appeal deadlines are strict and any late appeals will be denied. Your San Antonio ERISA lawyer will ensure you meet all requirements.

Denied Long Term Disability Insurance Claim

Denial of your long term disability insurance (LTD) benefits can be devastating. Unfortunately, valid LTD claims are still frequently denied. You should file an appeal if you have evidence that you cannot perform your job, or – depending on your insurance plan – any job. A San Antonio ERISA lawyer is available to guide you so you may understand your plan’s eligibility criteria, the strength of your medical evidence, and the appeal process (if applicable). Having a personalized strategy may become the difference between a denial and obtaining the benefits you deserve.

Denied Life Insurance Claim

You may be able to receive employer-funded life insurance benefits if you have lost a loved one. The plan administrator may deny your life insurance claim if there is a:

  • Dispute over who is entitled to the benefits,
  • Misrepresentation or nondisclosure, or
  • Issue of eligibility under the Plan Document (for example, denied benefits due to suicide or illegal drug use).

Denial of your initial claim does not mean ineligibility of life insurance benefits. A skilled San Antonio ERISA lawyer can help recover the life insurance benefits you deserve.

Denied Accidental Death and Dismemberment Insurance Claim

Employers frequently provide employees with Accidental Death and Dismemberment (AD&D) insurance. AD&D pays benefits if an employee is killed or severely injured due to an accident, as opposed to an illness or “non-accident.” An experienced lawyer can help you understand your rights under your AD&D plan.

Denied Bad Faith Insurance Claim

Insurance companies are required to evaluate your claim neutrally and fairly. If they don’t, then they could be acting in bad faith. Many states permit punitive damages if the insurance company acted in bad faith. ERISA, however, does not permit bad faith claims. An experienced attorney can evaluate and investigate your bad faith claim; and, maximize your compensation.

Seek a San Antonio ERISA Lawyer

A seasoned San Antonio ERISA lawyer can help you file your disability insurance claim or appeal. Call J. Price McNamara today.

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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