Get the Disability Benefits You Deserve
TEXAS ERISA ATTORNEY J. PRICE MCNAMARA
In these tough economic times, finding a job that pays a decent living wage can be difficult. People who are fortunate enough to have secure, steady employment generally work very hard to keep their jobs, often putting their professional duties above their personal lives. To lose such a job is frustrating and disheartening in itself; to be unable to work due to injury or illness only compounds the stress. The disabled employee cannot simply “go find another job.” In addition to having to cope with the physical pain and limitations associated with his or her condition, the employee and his or her loved ones must deal with tremendous, often overwhelming financial and emotional pressures.
Many of this nation’s workers believe that if they are injured and cannot work, they will at least be able to depend on their employer-provided long-term disability benefits. That is, they believe it until they attempt to collect those benefits. At that point, these disabled employees become familiar with a law that will change the course of their lives from then on: ERISA.
Video: ERISA – Long Term Disability
J. Price McNamara is a personal injury attorney in Baton Rouge with decades of experience.
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The Unfortunate Realities of ERISA
As you read through the pages of this website, odds are that you are at least familiar with ERISA, or the Employee Retirement Income Security Act of 1974. In fact, you probably now realize how this law places countless hurdles in the pathway of injured workers seeking to collect their disability benefits while empowering the insurance companies that approve or deny their claims. The insurance companies know that the law favors them, which gives them little incentive to approve claims even when there is ample evidence of an employee’s disability.
If your claim for disability benefits under ERISA was denied by your insurance company, it may seem as though you now face an extraordinarily uphill battle to obtain those benefits. You may even feel like giving up altogether. That’s certainly what your insurer is hoping you will do.
As an injured employee who cannot perform your assigned job duties, however, you have rights. Yes, ERISA stacks the odds against you and in favor of your insurance company. That’s why you need to have a legal professional with extensive experience in ERISA law in your corner. That’s why you need J. Price McNamara.
When to Hire an ERISA Attorney
Many people do not even consider seeking legal counsel until they have been denied long-term disability benefits. If you have received notice that your claim for benefits has been denied and that you must either accept your plan administrator’s judgment or file an appeal, the time to hire a skilled ERISA attorney with a history of success in handling cases like yours is now. You are up against some very strict deadlines, and your future ability to collect the benefits to which you are entitled depends on the evidence you gather and provide at this stage. To stand any chance of obtaining those benefits, you must follow the rules for filing an appeal exactly as they are presented in your summary plan description (SPD). Even slight mistakes can jeopardize not only your appeal, but also your right to file a lawsuit in the event that your appeal is denied.
You don’t have to go it alone, thankfully. By securing the services of J. Price McNamara, you will be helping to level a playing field that is currently tilted in the favor of a giant insurance company. Mr. McNamara has helped many injured workers just like you prepare thorough, comprehensive appeals, gathering and organizing the most compelling evidence available and adding it to the administrative record. Ultimately, the fate of your claim will rise and fall on how well you are represented in this record, as it will be the only evidence considered by the federal judge reviewing your case if litigation becomes necessary.
With Mr. McNamara on your side, you may find that your insurance company is a bit more willing to consider your appeal. That’s the power of hiring an ERISA attorney who has proven that he will not be intimidated by even the most powerful insurers and their lawyers. And if your appeal is denied and you decide you want to file an ERISA lawsuit, Mr. McNamara will stand beside you, fighting for your rights every step of the way.
A Federal Judge’s Opinion of ERISA
In presenting his official opinion in the case of Loucks v. Liberty Life Assurance Company of Boston, Judge Richard A. Enslen expressed considerable disdain for ERISA:
Caveat Emptor! This case attests to a promise bought and a promise broken. The vendor of disability insurance now tells us, with some legal support furnished by the United States Supreme Court, that a woman determined disabled by the Social Security Administration because of multiple disabilities which prevent any kind of work cannot be paid on the disability insurance she purchased through her employment. The plan and insurance language did not say, but the world should take notice, that when you buy insurance like this you are purchasing an invitation to a legal ritual in which you will be perfunctorily examined by expert physicians whose objective it is to find you not disabled, you will be determined not disabled by the insurance company principally because of the opinions of the unfriendly experts, and you will be denied benefits. Fortunately, the law, though left moribund by the Supreme Court’s legal interpretations, does not allow the purveyor of such empty promises to win the day.
Schedule Your Complimentary, No-Obligation ERISA Case Review
At the Law Offices of J. Price McNamara, we will happily answer any questions you might have and provide you with a comprehensive case review free of charge, withno obligation to work with us further. We can speak with you by telephone or meet with you at our offices or any other location you find convenient. Simply contact our law firm today and let us know how we can best serve you.
If you ultimately decide to hire us to represent you, we will handle your ERISA case on a contingency fee basis. Our fee is earned and our advanced litigation costs are recovered only if we recover for you by settlement or trial judgment. You will owe us nothing – no fee and no reimbursement of our advanced litigation costs, no matter how large – unless we obtain a recovery on your behalf.
J. Price McNamara has extensive experience in handling ERISA claims, appeals, and lawsuits in addition to other matters regarding long-term disability insurance. He holds the highest possible peer review rating of “AV” (“Very High to Pre-eminent”), meaning that he has practiced the law according to the most stringent professional and ethical standards.
He proudly offers his services as a highly experienced and esteemed ERISA disability attorney to disabled workers throughout the state of Texas, including such communities as Fort Worth, Houston, Dallas, Austin, and San Antonio.