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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.

When to File a Texas ERISA Long Term Disability Claim

A person who was recently injured or suffered an illness may want to focus strongly on healing and physical health. However, if someone’s medical condition requires them to be out of work for some time, a person may want to access their ERISA disability benefits. If a person has questions about when to file a Texas ERISA long term disability claim, they may want to contact a skilled legal representative.

An experienced ERISA attorney may be able to answer questions and help get the claim approved. Benefits could pay a portion of a person’s salary while they are physically unable to work. As such, receiving these benefits as soon as possible could be important to an individual’s financial well-being and their peace of mind.


We answer any questions
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.

See How We Have Helped Others In Situations Just Like Yours.

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Waiting Periods

Nearly all long term disability policies have an elimination period or waiting period written into their contracts. Typically, these last three to six months or the same length of time as the applicant’s short-term disability coverage.

Most insurance companies and employers may require applicants to exhaust all their sick leave prior to filing for short-term disability benefits. In the same vein, injured persons must typically use the entire short-term disability period prior to being eligible to apply for long term disability benefits.


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)

Disability Date

The date an ERISA disability applicant became disabled generally determines when proof of a claim must be filed and when disability payments may start. Someone applying for benefits may want to carefully review their policy documents to ensure that no deadlines are missed and confirm the date that the insurance company would consider them to be disabled. Moving forward, being mindful of deadlines like these could help a person know when to file a Texas ERISA long term disability claim.

Last Day of Work

Also referred to as LDW, the last day of work should typically be carefully selected. If a person who is a disability applicant stops working without gathering supporting documents and information to validate their disability claim, they may have their application denied. An ERISA disability attorney could assist applicants in determining when to file an ERISA long term disability claim in Texas.

After the Filing

No later than 45 days after receiving a claim, the insurance carrier must generally approve or deny that claim. However, this time period could be extended for 30 days but is commonly dependent on if the insurer informs the applicant how much longer is needed to resolve the claim, if more information is needed, and when a final decision will be made, as per 29 C.F.R. § 2560.503-1 (f)(3).

The insurance company may need new or additional information, the person seeking benefits may also have 45 days to respond. After the information is provided to the carrier, a decision could be made within 30 days.

If the insured party received a denial, they may have 180 days to appeal. After the person files their appeal, the insurance company could have another 45 days to respond. Just as they could with the initial application, the carrier may request additional time to make a decision. In some cases, a second appeal is allowed.

Understanding When to File an ERISA Long Term Disability Claim in Texas

Filing a disability claim may require a person to take carefully timed steps. Not taking these steps or not taking them in the correct order or at the right time could be detrimental to a person’s disability claim.

However, hiring a skilled Texas ERISA attorney might increase the chances of a claim approval. A well-versed ERISA lawyer could potentially review someone’s disability case and possibly assist them in taking the proper steps at the right times in the process. Call today to learn more about when to file a Texas ERISA long term disability claim.

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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