ERISA, which stands for the Employee Retirement Income Security Act, regulates the vast majority of employer-provided benefit plans in the private sector. ERISA-covered benefit plans include short- and long-term disability insurance, health insurance, life insurance, retirement plans, and others.
The federal law provides protections for employees seeking benefits under ERISA-covered plans and imposes rules for fiduciaries. Getting your ERISA-covered claim approved can be a complicated process, which is why it is essential to contact a Louisiana ERISA lawyer to seek guidance concerning your employer-sponsored benefit plan.
At J. Price McNamara ERISA Insurance Claim Attorney, our dedicated and results-driven firm has represented clients throughout Louisiana in different types of ERISA-related cases. Our founding lawyer, J. Price McNamara, has provided residents of Louisiana with reliable and effective legal representation for several decades.
We commit to working on your ERISA case to ensure that your claim goes smoothly and help you at every stage of the claims and appeals process. You have nothing to lose by calling now—we will evaluate your case for free, and since we typically work on contingency, if we cannot win your case, you won’t need to pay us anything.
Most ERISA benefit plans provide long-term group disability insurance, life insurance and accidental death and dismemberment insurance benefits, as well as health insurance benefits for its employees.
Under ERISA rules, employee welfare benefit plans refer to any plan or program that an employer sponsors to provide employees with:
However, not all of these benefit plans may be subject to ERISA. It is essential to consult with a Louisiana ERISA lawyer to find out which benefit plans are under ERISA guidance in your particular situation.
When ERISA applies to an employee benefit plan, the employer must comply with federal law’s minimum requirements. In addition, ERISA sets fiduciary rules for insurance companies, plan administrators, and employers.
Not all employer-provided benefit plans fall under ERISA, as federal law excludes certain types of plans.
A benefit plan is likely to not fall under ERISA if:
A knowledgeable lawyer will determine what ERISA does and doesn’t govern. Contact our Louisiana ERISA law firm to discuss your particular situation.
ERISA imposes many rules and requirements on participants, beneficiaries, and plan administrators.
When your employer-provided benefit plan involves an insurance company, the insurer is the plan administrator who must comply with:
In addition, there are other requirements for plan administrators depending on whether they handle a welfare plan or retirement plan.
While plan administrators and insurance companies must comply with ERISA’s requirements, it does not mean that all of them do. ERISA cases often claim breaches of fiduciary duty.
Some of the most common types of ERISA violations encountered by participants and beneficiaries seeking benefits under employer-provided, ERISA-covered plans include:
If you believe that an insurance company or plan administrator committed an ERISA violation or breached any of the fiduciary duties they owed to you, do not hesitate to contact a Louisiana ERISA lawyer to discuss your options.
Under 29 U.S.C. § 1024, participants and beneficiaries have a right to request specific plan materials, including a copy of the Summary Plan Description.
Request a copy of the SPD before you file your ERISA-based claim as this document will provide such crucial information as:
You should follow all of the requirements specified in the Summary Plan Description when preparing and filing your ERISA claim. If you do not comply with the requirements, the plan administrator is likely to deny your claim.
It is advisable to retain a Louisiana ERISA lawyer to help you file a claim properly and under all of the SPD requirements. Your attorney will also collect all the evidence and documentation you need to ensure that your claim is successful.
After you file your ERISA claim, the plan administrator will either approve or deny your claim.
If you receive a claim denial, it is important to contact a lawyer right away. Your ERISA lawyer will help you appeal the plan administrator’s denial of your claim and do everything possible to achieve a favorable outcome in your case.
Under ERISA rules, participants whose claims end with a denial must exhaust all of their administrative remedies before filing a lawsuit.
Many participants don’t know the process of seeking benefits under an ERISA-covered plan.
Too often, people make avoidable mistakes when filing their ERISA claims. Often, participants turn to attorneys for help after making serious mistakes during the claims process. While an attorney can fix some of the mistakes you made when filing your claim, you’re better off hiring an attorney before you make any of them.
Your Louisiana ERISA lawyer will help you avoid the following mistakes when pursuing benefits:
If you are not familiar with the ERISA claims process, it is critical to consult with a skilled attorney to make sure that you do not make any mistakes when filing your claim. Keep in mind that a mistake could cause you to lose your entitlement to benefits.
While the government initially designed ERISA to protect employees and other participants and beneficiaries under ERISA-covered plans, insurers often use ERISA as an excuse to wrongfully deny valid claims. Many people do not realize this, but ERISA preempts all related state laws.
It means that ERISA litigation in federal courts is not the same as any other civil lawsuit in Louisiana.
Here’s what you need to know about ERISA litigation in federal courts:
As mentioned earlier, you cannot file a lawsuit against the insurance company before you have exhausted your administrative remedies. Consult with an attorney to find out what you can do to protect your rights during ERISA litigation and the claims process.
The process of seeking benefits under an ERISA-covered plan can be confusing and overwhelming. For this reason, it is advisable to contact an experienced lawyer to help obtain the benefits you deserve to receive under your employer-provided plan.
At J. Price McNamara ERISA Insurance Claim Attorney, we are committed to helping you during the claims process to ensure that you receive your benefits promptly.
Your Louisiana ERISA lawyer may:
If you are looking for a Louisiana ERISA lawyer near you, look no more. J. Price McNamara ERISA Insurance Claim Attorney represents clients in ERISA-related matters throughout Louisiana. We assist clients whose ERISA claims have been wrongfully denied or terminated by plan administrators or insurance companies.
We understand what you are going through if your coverage was denied. Our lawyer can shoulder all the burden and stress so that you can focus on your health and your family. We will take the necessary steps to obtain ERISA-covered benefits on your behalf.
Mr. McNamara gives each case he handles the personalized attention it deserves to fight for the benefits to which his clients are entitled. We have an enviable track record of success in representing residents of Louisiana in ERISA-related cases. Our goal is to provide you with timely and practical advice and comprehensive legal representation.
We can answer all of your questions regarding your ERISA claim. Schedule a free, no-obligation consultation with the team at J. Price McNamara ERISA Insurance Claim Attorney to discuss your case. Call (504) 420-6962 or fill out this contact form to get your free case review with our results-driven and dedicated Louisiana ERISA lawyers
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded the Law Offices of J. Price McNamara, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts