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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.

Texas ERISA Disability Benefits

The Employee Retirement Income Security Act (ERISA) law was signed by President Gerald Ford in 1974. The laws included in this Act were enacted to regulate the benefit plans provided by employers. In fact, ERISA went deeper than just pensions and included most employer-provided benefits.

Texas ERISA disability benefits can vary from one plan to the next. However, you may be able to increase your chances of being awarded benefits if you retain an experienced ERISA lawyer to help you file your claim.


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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.

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In general, if a benefit is provided to an employee, the benefit is more than likely under the governance of ERISA. This means both employers and insurance providers must abide by the federal laws surrounding the administration of ERISA benefits.

For instance, 29 C.F.R. § 2560.503-1 (f)(3) sets forth the claims and appeals process that insurance carriers and benefits applicants must follow. However, there are no federal laws that spell out the types of benefits employers or insurance companies must provide.


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)

What Are ERISA Disability Benefits?

Disability benefits can vary somewhat between different ERISA plans. Depending on the plan’s definition of disability, long term disability insurance may only provide coverage for 24 months. Most plans also restrict claims placed on substance abuse, mental illness, or nervous disorders, although coverage for these types of disabilities may be available for an additional premium depending on the carrier and plan.

The amount the ERISA disability a claimant could receive if they are granted benefits would be determined by their individual policy. Generally, group disability insurance plans provide between 50 percent and 75 percent of the pre-disability income of the insured. Some carriers may cap these benefits at $5,000 or $10,000 per month.

However, if an insured party has an individual policy, they may be able to receive a benefit with a higher monthly maximum and a greater percentage of their pre-disability salary. An ERISA lawyer in Texas could help determine potential disability benefits with more specificity by working closely with individual potential clients.

Taxes and ERISA Disability Benefits

Another common and important question about Texas ERISA disability benefits is when and how they are taxed. The taxing of benefits usually depends on the type of plan, as well as the practices and policies of the employer providing the plan.

With ERISA group plans, employers usually pay the premiums with pre-tax dollars. When the benefits are paid to insured parties, they are then taxed as if they were ordinary income.

Getting Assistance with Texas ERISA Disability Benefits from a Qualified Attorney

If you were denied Texas ERISA disability benefits or do not believe you are getting all the benefits you are entitled to, a seasoned lawyer may be able to help. Our attorneys are familiar with federal ERISA laws and how they are applied.

If retained, your ERISA lawyer could work to make your employer or insurance company realize that they are not being ethical or compliant with federal law by denying or withholding your ERISA disability benefits. Call today to get assistance with your ERISA disability benefits, whether you need help filing an initial application, with first or second appeals, or even in taking your claim to litigation.

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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