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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 Insurance Claim Retaliation Lawyer

Most private pension and health insurance plans are governed by the Employee Retirement Income Security Act (ERISA). This federal law was passed in 1974 to protect the rights and interests of the participants in such plans as well as beneficiaries.

Under ERISA, participants have the right to access and use their benefits under certain circumstances in accordance with plan documents and ERISA laws. However, employers and plan administrators sometimes attempt to prevent participants from using their benefits in an attempt to save money or reputation.


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(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.

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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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These actions are illegal in many circumstances and fully warrant taking action with an experienced ERISA attorney’s help. If you believe you are facing retaliatory actions for accessing or attempting to access your ERISA benefits, it may be time to consult with an experienced Texas insurance claim retaliation lawyer about your legal options.


In addition to setting up ERISA benefit protections within 29 U.S.C. §§ 1001-1461, lawmakers also included provisions for when employers or administrators attempt to keep plan members from receiving their own benefits. Under ERISA §510, if filing a retaliation claim, an employee only needs to prove that there were intentional efforts made to keep or punish them for requesting access to their benefits or for receiving benefits.


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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)

The claimant does not even need to prove that their employer was successful in their efforts to retaliate to have a valid claim, only that the efforts were made. Furthermore, ERISA §510 applies to both welfare benefit plans and pension benefit plans.

These protections cover employees who are attempting to or are receiving benefits under their plan as well as employees who may be testifying or taking part in an ERISA inquiry or proceeding. A Texas insurance claim retaliation attorney could be of significant help in interpreting ERISA regulations and determining how they apply to one’s situation.

Acts of Retaliation

In the interest of protecting their financial assets or even intimidating other plan members from using their benefits, employers or ERISA plan administrators may act in a manner meant to intimidate or punish ERISA claimants. Claimants who believe they might be experiencing retaliatory acts after filing an ERISA claim may find the services of a qualified ERISA retaliation lawyer in Texas beneficial.

Retaliatory actions may include but are not limited to:

  • Dismissing from employment
  • Wage reduction
  • Hour reduction
  • Benefit reduction
  • Demotions
  • Threats

To have a valid retaliatory ERISA claim, plan participants must prove that the retaliation was directly related to exercising their rights under ERISA or that it was done with the purpose of keeping them from getting their benefits under the plan. The intent of the employer or plan administrator must also have been to violate the retaliation statute or to hamper their rights under ERISA.

Talk to a Texas ERISA Retaliation Attorney

In a perfect world, all ERISA plan participants would be given their benefits without hassles or problems. Unfortunately, many such policyholders face retaliatory action after receiving or attempting to receive their benefits in compliance with the law and their plan.

If you believe you may be one of these unfairly treated participants, a seasoned Texas insurance claim retaliation lawyer could work to support your rights under federal ERISA law. Call today to schedule a consultation with an attorney who could be on your side from start to finish of your case.

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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