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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.

Texas ERISA Disability and Offset Provisions

Employees who file for disability benefits are often in a rough patch of their life. Between a lack of income and mounting medical expenses, you may be struggling to pay your bills and make ends meet. You need all the support you can get—which is why it can be rather surprising to find out that your group ERISA disability insurance benefit can be reduced by the amount of SSDI you are entitled to.

At a time when you thought you could count on these benefits to come through for you, they may actually be working against each other. If you have questions about Texas ERISA disability and offset provisions and your claims, an experienced ERISA attorney may be able to help answer them.

 

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 Disability Insurance?

The Employee Retirement Income Security Act of 1974 (ERISA) governs the abilities and actions of the most group and private insurance companies. Under ERISA, insured parties have certain rights, and health, life, disability, and health insurance companies have certain responsibilities. Plan participant rights under federal law include the right to:

  • Obtain benefits without being fired or discriminated against to prevent the receiving of benefits
  • Be given a written explanation for a denial if one occurs, as well as to make at least one appeal
  • Receive a copy of any material change to a plan within 210 days of the plan year in which the change is adopted

 

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)

Defining Offset Provisions

There are certain aspects to keep in mind when defining Texas ERISA disability and offset provisions. For example, if an insured party is granted disability benefits, their disability insurance policy likely includes language that says they also must apply for Social Security Disability Income (SSDI). Employees who have worked and paid taxes for long enough are usually eligible to receive these benefits, though the amounts can vary from one person to the next.

At first glance, this may seem to be beneficial to the insured, as they get both their group or private disability benefits and SSDI benefits. However, nearly all disability insurance policies have a provision that allows offsets. This means that the amount of SSDI benefits a person receives each month would be deducted from their monthly amount of group disability insurance benefits, therefore reducing the total income between both types of benefits.

Are Offset Provisions Legal?

Code of Federal Regulations §404.408 governs ERISA disability and offset provisions and reductions in Texas, and in general, this statute establishes offset provisions as being legal. Even though many people with disability benefits may be unaware of this provision, it is still a legal practice if it is contained within the policy.

In some rare cases, though, courts may be able to exercise equitable power to deny offsets. For example, if someone’s employer denied their ERISA disability benefits and threatened to fire them if they did not come back to work, an ERISA lawyer might be able to help that employee avoid disability and offset provisions in Texas as a condition of a successful settlement.

Get Questions About ERISA Disability and Offset Provisions in Texas Answered

Texas ERISA disability and offset provisions can significantly impact your income. Our qualified attorneys understand this and could work to help you understand what is legal and what is not when it comes to these offsets. If your insurance company is not acting in accordance with the policy that was provided to you, you may have legal recourse. Call today to consult with a Texas ERISA insurance lawyer about your options.

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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