Many workers in New Orleans and across Louisiana are confident that they can receive long-term and short-term disability benefits provided by their employer’s insurance when they suffer injuries, disabilities, or illnesses.
However, that confidence may begin to fade when a worker begins the ERISA claims process to collect those disability benefits. Pursuing an ERISA claim can confuse anyone who doesn’t obtain legal assistance from a New Orleans ERISA lawyer.
If you want to file an ERISA claim or appeal the denial of your claim in New Orleans, do not hesitate to speak with our knowledgeable ERISA lawyer, J. Price McNamara, to understand all of your rights and obligations.
At J. Price McNamara ERISA Insurance Claim Attorney, we will review all pertinent medical records and information associated with your ERISA case to help you understand your options. Our goal is to help you collect the appropriate documentation to strengthen your claim and ensure that you receive the benefits you deserve for your disability and long-term needs. We offer a free consultation, and we typically charge a contingency fee—so if we cannot win your case, you will owe us nothing.
New Orleans area employers have 540,000 workers. Many of them receive benefits for their labor, including long-term disability insurance.
ERISA stands for the Employee Retirement Income Security Act, the 1974 federal law that protects the retirement assets and insurance benefits of workers in the United States. ERISA sets minimum standards for benefit plans purchased by employers in the private sector.
The law governs most retirement and health plans provided by private employers. ERISA generally does not cover government-sponsored retirement and health plans.
According to 29 U.S.C. § 1002, ERISA only governs employee welfare benefit plans and employee pension plans sponsored by employers in the private sector. While ERISA does not require employers to establish employee benefit plans, it does set minimum requirements for most private employee benefit plans. In other words, once an employer purchases an applicable benefit plan, ERISA sets the rules.
Thus, if your employer provides an employee benefit plan, it must adhere to ERISA’s minimum requirements, including eligibility and disclosure rules. ERISA also sets fiduciary rules for those who manage employee benefit plans and their assets. When someone violates ERISA’s fiduciary rules, you can hold the violating party responsible for the resulting harm.
ERISA provides these protections for both beneficiaries and participants:
Contact a New Orleans ERISA lawyer to ensure that you have someone who can help you navigate the ERISA claims process and get you the benefits you deserve.
When filing a claim to collect ERISA-covered benefits for your disability, remember that your employer’s insurance company does not have your best interests in mind when processing and investigating your claim. In fact, the insurer’s team of medical professionals often does not conduct the necessary evaluations of the claimant’s medical records when processing their claim. They’re just trying to save the insurance company money.
If your claim for an ERISA-covered benefit gets denied, you have a right to file an administrative appeal with the insurance company. However, talk to an experienced ERISA lawyer before pursuing your appeal.
ERISA requires claimants to exhaust all of their administrative remedies before bringing a lawsuit following the denial of their claim.
In other words, before filing a lawsuit under ERISA, you must:
You have a right to file an ERISA lawsuit once you exhaust the above-mentioned administrative remedies following the denial of your claim. You must follow strict deadlines for ERISA litigation and appeals. Your New Orleans ERISA lawyer will help you understand how much time you have and make sure you file a complete, convincing administrative appeal by the deadline.
You must seek the legal counsel of a knowledgeable ERISA lawyer to appeal the denial of your claim.
Once you exhaust your administrative remedies after the denial of your ERISA-covered claim, you may bring a lawsuit for:
Just because an insurance company denied your claim for ERISA-covered benefits does not necessarily mean that you cannot collect the benefits. You may still get the benefits after a wrongful or unfair claim denial.
Consult a New Orleans ERISA lawyer to discuss your particular situation and determine if you can appeal the denial of your claim in your unique case. Your attorney will help you understand your rights under your ERISA-covered plan.
When filing a claim to collect disability benefits, you need to understand how the claims process works.
You need a New Orleans ERISA lawyer throughout the claims and appeals process. Contact a lawyer as soon as possible after a claim denial so that our attorneys have enough time to build a strong case and help you obtain a favorable result in your ERISA lawsuit.
Related Read: ERISA Claims and Appeal Process [Guide]
No, the Employee Retirement Income Security Act prohibits employers from firing or otherwise retaliating against employees for filing claims to obtain benefits covered by ERISA.
For example, if a plan administrator denies your ERISA-covered claim and you bring a lawsuit to appeal the denial of your claim, your employer cannot legally terminate your employment or demote you for exercising your protected right. If you believe that your employer retaliated against you for filing an ERISA benefits claim or exercising your rights, contact an attorney right away.
According to 29 U.S.C. § 1024, any participant or beneficiary has a right to request copies of specific plan materials, including the formal plan document.
Many people do not fully understand what ERISA lawyers do.
First of all, ERISA lawyers can fall into two categories:
Our knowledgeable and results-driven team at J. Price McNamara ERISA Insurance Claim Attorney falls into the second category of ERISA lawyers. Our lawyers protect the rights of participants and beneficiaries whose insurance companies wrongfully deny or otherwise mishandle claims.
If you receive a denial for ERISA-covered benefits, seek the legal counsel of an ERISA lawyer to:
If your New Orleans ERISA lawyer’s administrative appeal does not lead to the approval of the claim, your attorney may file a lawsuit in federal court. If you were denied ERISA-covered benefits under your employer-sponsored plan, our skilled attorneys are ready to help.
Our dedicated and passionate team at J. Price McNamara ERISA Insurance Claim Attorney handles all issues arising under ERISA in New Orleans.
We assist participants and beneficiaries in ERISA cases involving:
If you believe that a plan administrator, insurance company, or another party breached fiduciary rules under ERISA or wrongfully denied your insurance claim, do not hesitate to speak with our New Orleans ERISA law firm.
Insurance claims related to ERISA have strict deadlines, which is why you must act as quickly as possible when pursuing benefits under an employer-sponsored insurance plan, responding to the denial of your claim, and appealing an administrator’s decision to deny your claim.
Detail-oriented New Orleans ERISA lawyer J. Price McNamara has the necessary experience and resources to advocate for your rights and help you with any issues arising under ERISA.
We will review every aspect of your ERISA-related claim to ensure that you receive the benefits and compensation you deserve. Our goal is to help you build a strong case and achieve the most favorable outcome possible during the claims and appeals process or ERISA litigation.
After a claim denial, you have no time to waste. Schedule a free case review with our New Orleans ERISA lawyer, J. Price McNamara, to talk about your options. We will review all pertinent facts related to your ERISA case to ensure that you can collect the benefits you deserve.
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