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.
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.
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.
Federal law Employee Retirement Income Security Act (ERISA) protects employee pensions and other employee-funded benefits such as:
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.
Complete the confidential form for a free, no obligation case evaluation and we’ll tell you how we can help.
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.
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:
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.
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.
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:
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.
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.
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.
A seasoned San Antonio ERISA lawyer can help you file your disability insurance claim or appeal. Call J. Price McNamara today.
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