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.
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.
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 want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of…
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.
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.
Complete the confidential form for a free, no obligation case evaluation and we’ll tell you how we can help.
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.
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.
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.
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