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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 Long Term Disability Insurance Benefits

When people talk about Texas long term disability insurance benefits, they are referring to financial assistance after becoming unable to work due to an illness or injury not related to their jobs. Long term disability assistance is also available through the Texas workers’ compensation program for those injured or made sick due to conditions at work, but the benefits and handling of claims is entirely different even though benefits are usually paid by an insurance company.

Long term disability insurance benefits available in Texas may vary. Unfortunately, the most common factor in the equation is a reluctance on the part of insurers to pay benefits. Those seeking benefits often work with an experienced insurance attorney to assist with the process.


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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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An Overview of Disability Insurance

Disability insurance provides income to make up for wages lost when someone is unable to work because of an illness or injury. The amount provided is generally between 50 and 80 percent of average wages, but this amount may decrease due to offsets from other sources of income. Some employees receive or purchase disability insurance in a group plan through their employer, while others purchase coverage on their own.

Coverage is typically offered for short-term and long term disabilities under two different types of policies. While short-term disability insurance usually pays benefits more quickly, long term disability insurance generally pays benefits for a longer period of time—potentially up to retirement age.


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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)

Although Texas long term disability insurance benefits often cover situations different than those covered under workers’ compensation insurance, long term disability insurance may pay benefits when an employee is injured on the job and is not covered by workers’ compensation. It may alternatively pay benefits in addition to those received from workers’ compensation insurance.

Laws Applicable to Long Term Disability Insurance Plans

Texas state law does not require employers to provide long term disability insurance benefits for their employees. However, when employers do offer plans, both state law and federal law impose certain requirements and restrictions to protect the rights of employees who rely on these benefits.

Texas Regulations

Texas Administrative Code §3.1203 prohibits insurers from including “discretionary clauses” in policies issued from 2011 onward. These types of clauses give insurers great discretion in deciding whether to pay a claim, so the ban holds insurers to a more objective standard.

Federal Law

At the federal level, the Employee Retirement Income Security Act (ERISA) requires long term disability plans provided by employers to follow certain rules. For example, these plans must provide specific information to all beneficiaries, including the standards used to determine what constitutes a “disability” under the policy.

Other Laws

One important factor to keep in mind with regard to long term disability insurance benefits in Texas is that the provisions of the policy itself determine the situations in which benefits can be paid, as well as the amount of income received and the length of time benefits are provided. An insurance policy is a contract, so provisions of the policy may be interpreted in accordance with contract law.

Get Assistance Getting Long Term Disability Insurance Benefits in Texas

In an attempt to keep costs low, many insurers that provide long term disability benefits routinely deny claims. Fortunately, various state and federal laws provide a process for appealing denials of Texas long term disability insurance benefits. In many instances, though, claimants must exhaust administrative remedies before filing a claim in court.

Because the contractual terms of long term disability insurance policies are often complex and difficult to understand, many people in Texas elect to consult a knowledgeable attorney to learn whether they should be covered under a plan. A seasoned Texas insurance lawyer could also assist with appealing denials to help claimants receive reasonable benefits for their disabilities. Call today to schedule a consultation and discuss your situation.

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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