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.
Employers often offer their employees several benefits to make their jobs more lucrative. One of these benefits is commonly disability insurance. Short and long term disability insurance can generally be used if you become ill or injured and are unable to work for a long or indefinite period of time.
However, applying for disability benefits and getting approval for them can be difficult without an accomplished ERISA attorney’s assistance. In fact, the Office of Retirement and Disability Policy reports that approximately 53 percent of disability claims are denied each year. If you were among more than half of disability applicants who were denied benefits, you may be able to remedy your situation with help from a Texas ERISA disability appeals lawyer.
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.
The Employee Retirement Income Security Act (ERISA) is a federal law that governs group insurance policies, claims, and appeals. Enacted in 1974, this law covers most voluntarily established pension and insurance plans in the private sector and was created to provide protection for plan participants.
ERISA also grants participants a grievance and appeals process if they feel they were wrongly denied. Many times, however, these appeals are unsuccessful. However, an ERISA disability appeals lawyer in Texas may be able to help disability insurance claimants win their appeal.
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.
The appeals process under ERISA has strict requirements. If these requirements are not followed, the insured may lose their right to an appeal, and therefore lose their chances of receiving disability benefits altogether. Once the claimant has received notification that their claim was denied, they are given 180 days to file an appeal per 29 C.F.R. § 2560.503-1 (h)(3)(i).
Once a claimant submits their appeal, the insurance company must make a determination within 45 days of its receipt. In some cases, the insurance company may request an additional 45 days to make their determination, but they must give the applicant an explanation as to why the extension is needed and the estimated date that a decision will be given. Some plans may also allow for a second appeal if the first one is denied.
In order to move forward with litigation, insured parties seeking ERISA disability benefits historically had to file at least one appeal. However, for claims that are filed after January 1, 2018, the law has recently changed. This new law states that a claimant can file a lawsuit once their claim is “deemed denied”—in other words, when they determine their plan has not complied with the applicable regulations.
While every claimant has the right to an appeal under federal ERISA law, the appeals process can be complicated and burdensome. Additionally, the majority of appeals are not successful. However, a Texas ERISA disability appeals lawyer may be able to increase your chances of a successful appeal.
Our insurance attorneys are well-versed in the ERISA disability claims and appeals process and could work to make sure that all of the steps to an appeal are followed correctly. Call today to find out how we could help in the appeals process for your ERISA disability claim.
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