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Texas Disability Lawyer

The Next Steps Are Critical. As A Former Insurance Company Attorney/insider, I’ll Personally Guide You Through Those Steps And Around Common Pitfalls

Before You Hire Any Attorney, Let Me At Least Do This For You (Free Of Charge):

  • 1 Review Your Denial Letter;
  • 2 Discuss the denial and insurance company tactics in your case with you by phone; and
  • 3 Give you a written step-by-step plan to fight your denial.

Call me or fill out the contact form to get started today.

You can use the plan continue your fight alone, or share it with any other attorney you wish.

Or if you decide you want me to fight for you, no office visit is needed, and you pay nothing – no fee, no costs -- unless we recover.

Listen About Long Term Disability

Texas Disability Lawyer

Have you been denied insurance benefits? Denials are more common than you may think. Luckily, help is available. Experienced Texas ERISA Disability Lawyer and former insurance company attorney J. Price McNamara can guide you through the process. Disability insurance claims are notoriously complicated and can be hard to navigate on your own. Insurance companies have experienced lawyers working on their behalf – and you should too.

 

Long Term Disability Insurance

Long term disability insurance is designed to financially protect an individual (and subsequently their family) if they are become disabled and are unable to work. If you have long term disability insurance in Texas and are injured or otherwise become disabled, you will need to meet the insurance company’s definition of disabled In order to qualify to receive benefits.

This gets 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), you may not meet the specific disability definition that your insurance company has outlined in their plan.

 

Long Term Disability Insurance Coverage

Coverage from long term disability insurance will depend on the terms of each individual policy. Disability insurance payouts are generally calculated as a percentage of the person’s total salary from before they became disabled. Usually, this will be somewhere in the 50% to 80% range. Depending on the policy’s terms, additional income the policyholder was earing (such as commission, overtime, or other regular bonuses) will also be taken into consideration.

 

How Long Does Coverage Last?

The length of time you will be eligible to receive disability insurance payouts in Texas 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 (usually 65).

 

Disability Insurance Denials

The reality that many people in Texas and all over the country 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 Texas ERISA attorney will be able to review your situation and help you understand the reason for your denial – as well as your path forward.

 

Disability Insurance Appeals in Texas

If your long-term disability claim has been denied in Texas, 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 specific internal appeals process for handling disputes which is never a straightforward process. An experienced Texas disability lawyer will be able to help you navigate these steps as well as ERISA law.

 

ERISA

ERISA (Employee Retirement Income Security Act of 1974) is 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 Texas will be able to walk you through the details of the appeals process in order to make sure you receive the benefits you deserve.

 

Contact an ERISA Texas Disability Lawyer Today

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 Texas Disability Lawyer, we will review your case for free and help you and your family get back to financial security as soon as possible.

 

Frequently Asked Questions

What does an ERISA attorney do?

ERISA (the Employee Retirement Income Security Act of 1974) was enacted in order to set standards for employee group benefits. ERISA Attorneys work specifically with cases that fall under this law. Some of the benefits that fall under ERISA law which an ERISA lawyer would be able to assist with include long-term disability, retirement, life insurance, and accidental death and dismemberment insurance.

 

Is it better to get a Texas lawyer for disability?

If you are facing a disability denial in Texas, it is always worth it to at least speak with an experienced ERISA attorney about your situation. A good 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 some of the benefits you deserve.

 

How much does a Texas disability lawyer charge?

The cost of hiring a lawyer in Texas to help with your disability case will depend on the specifics of your particular case. Before choosing a Texas attorney, 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 not charge a fee if they do not win your ERISA case.

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Three Office Locations

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)

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