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Have you been denied insurance benefits? Denials are more common than you may think. Luckily, help is available. Experienced Dallas ERISA Disability Attorney and former insurance company lawyer J. Price McNamara can guide you through the process. Disability insurance claims are notoriously complicated and can be almost impossible to navigate on your own. Insurance companies have experienced lawyers fighting on their behalf – and you should too!
Long term disability insurance is designed to financially protect a person as well as their family if they become disabled and are unable to earn an income. If you have long term disability insurance in Dallas and are injured or otherwise become disabled, you will need to meet the insurance company’s specific definition of disabled In order to qualify to receive disability benefits.
This gets particularly complicated because each and every policy can have a different way to define disability. Even if you have been found to be totally and permanently disabled in a separate claim (such as for Social Security disability benefits), you may not meet the specific disability definition that your insurance company has outlined in their plan.
Payouts from long term disability insurance will depend on the terms of each individual policy. Disability insurance coverage is generally calculated as a percentage of the person’s total salary from before they became disabled and were no longer able to earn an income. Usually, this will be somewhere in the 50% to 80% range. Depending on the policy’s terms, some additional income that the policyholder was earning (such as commission, overtime, or other regular bonuses) will also be taken into consideration.
The length of time you will be eligible to receive disability insurance payouts in Dallas is largely dependant on the terms of your individual policy. Long term disability policies are designed to offer payouts for a longer time than short term disability insurance policies which often only pay for a few months. Payouts will either last for a particular number of years or will end when the insured person reaches a certain age (most often 65).
The reality that many people in Dallas and all over the country will face is that accessing benefits, particularly from a disability insurance policy, can become a frustrating and challenging process. It’s important to keep in mind that insurance companies are for-profit and will be quick to issue a denial anytime they find any potential reason to – no matter how tiny. Denials will be issued due to missed deadlines, lack of documentation, or a host of other reasons. An experienced ERISA disability attorney in Dallas will be able to review your situation and help you understand the reason for your denial – as well as your path forward.
If your long-term disability claim has been denied in Dallas, it is not the end of the road. The insurance company is required to provide you with an explanation in writing, along with instructions on how to appeal their denial. Unfortunately, the appeal process is not easy to maneuver if you have never done it before. Due to ERISA (the Employee Retirement Income Security Act of 1974), all plan administrators need to have a specified internal appeals process for handling disputes which is never a straightforward process. An experienced disability attorney in Dallas will be able to help you navigate these steps as well as ERISA law.
ERISA is the Employee Retirement Income Security Act of 1974, which is a a federal law that seeks to protect individuals who join employer-sponsored retirement and health plans by setting minimum standards for these plans. These protections ensure employers don’t take back benefits due to financial hardship, and also make sure that the employees are not going to suffer due to mismanagement of the plan.
These protections are necessary and have done a good job of protecting individuals, but the act has also caused the process of appealing a denial to become considerably more complicated. ERISA law is notoriously complicated and has been amended numerous times. Only a lawyer who is specifically experienced with ERISA in Dallas will be able to walk you through the details of the appeals process in order to make sure you receive the benefits you deserve.
If you’ve been wrongfully denied disability or other insurance benefits, you may be feeling frustrated and more than a little confused about what your next steps should be. The laws regulating insurance companies are complex and can be incredibly difficult to understand without legal knowledge. Luckily, help is available. As an experienced Disability Attorney in Dallas, we will review your case for free and help you and your family get back to financial security as soon as possible.
The amount of time it will take to receive disability benefits with an attorney in Dallas will depend on the specific details of your individual case. Some simpler disability denial cases can be resolved in as little as a month, while the more complicated cases can take upwards of a year to reach a favorable resolution.
If you are facing a disability denial in Dallas, it is always worth it to at least speak with an experienced ERISA attorney about your situation. A trustworthy attorney will first conduct a case review (usually free of charge) in order to discuss the details of your situation and advise you on your best path forward. ERISA law is complicated, so much so that very few lawyers even choose to practice it. Taking on an insurance case alone could cause you to miss out on the benefits you deserve.
The cost of hiring a lawyer in Dallas to help with your disability case will depend on the specifics of your particular case. Before choosing a disability attorney in Dallas, you should make sure you specifically discuss with them how their fees will be assessed. Most attorneys who work with ERISA law will offer a free consultation, but make sure that they also can provide a guarantee they will only charge their fee once they have won your ERISA case.
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VIEW CASE STUDY >This has been a very difficult time for myself and my family. Mr. Mcnamara did his best to be as empathetic and compassionate as possible. He is very knowledgeable and a man of great integrity.
This has been a very difficult time for me and my family, but Mr.Mcnamara has been very empathetic and understanding. He is extremely knowledgeable and a man of great integrity. I truly appreciate everything he did to make this as Tolerable as possible.
I am so thankful Price was my attorney during this difficult time in my life after losing my fiance. He made me feel very comfortable I trusted that he had my best interests in mind. I highly recommend him I was truly blessed to have had him help me fight for what is mine.
I would like to take a moment to thank Mr. Price McNamara for the leadership of legal counsel aid him and his staff showed through the entire process of working with me with my Disability case. I will highly recommend Mr. Price McNamara to anyone that needs someone that is outstanding to fight for their
Price was instrumental in assisting me through the disability process. Without his help and guidance, I do not think that I would have been successful !!!!
Price was instrumental in assisting me through the disability process. Without his help and guidance , I do not think that I would have been successful !!!! Thank you Price.
Price was instrumental in assisting me through the disability process. Without his help and guidance , I do not think that I would have been successful !!!! Thank you Price.
Mr Price is great attorney with great skills and lot of experience. But BEST QUALITY he has that he is wonderful human being he care for your family and you as a human being. My family thanks you very much. GOD bless you and your staff.
The law firm of Price McNamara has successfully settled our law suit when other attorneys said that we had no case Price assured us that we did and in eight months he was able to negotiate a settlement that we were told that we could not get. I highly recommend his law firm and I
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 his sound advice such as showing the insurance company proof of how my illness/disability had
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 so many others in his field of specialty. He is a consummate professional, extremely knowledgeable
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 use him in the future.
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 to address all of my questions and/or concerns.
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 wants a top-notch attorney who gets results.
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 company knew that it was their fault but of course tried passing the buck. Mr.
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 something or someone else, don’t hesitate to call him.
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