The Law Offices of J. Price McNamara - November 2023

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For The Ambitious Advocate BRIEF RECESS

NOVEMBER 2023

FROM THE LAW OFFICES OF J. PRICE MCNAMARA

YOUR THANKSGIVING CHALLENGE: NAME ALL EVENTS BLESSINGS

Thanksgiving always brings back a booming sermon given by my high school principal, the late Father Harry Tompson. He said, “In many ways, the most important things you name are the very events of your life. Because we’re human beings,

I’m thankful everyone is thriving, and I’m especially thankful we equally love getting together as a family more than anything else, especially enjoying the great outdoors. I’m thankful my work representing the disabled energizes me as much as my passion for spending time with my family. I’m thankful for the great blessing and friendship of the very best people on Earth who work with me and fuel that energy. I’m thankful I have a hard time distinguishing between my “work” and my “play.” They’re honestly equally enjoyable. Naming all of these blessings is easy. But I’ve also decided to rename certain events that seemed like “curses that crippled” in the moment to “blessings for growth.” Without being involved with my attorney brother’s battle with addiction that ended in suicide, I’d have never understood addiction as a true disease that disables clients I’ve represented like any other disease. Without losing my home and office in Hurricane Katrina three months later and relocating to a new city where I hardly knew anyone, I’d have never understood the financial fear my clients face when income abruptly stops because employment becomes impossible. Without losing my father and sister to disabling terminal illnesses at the same time, I’d have never appreciated the importance of their receiving disability benefits so we could make that journey together without financial strain. Without any of those difficult events, I’d have never changed my law practice path to what it is now, and my family wouldn’t be exactly how and where we are now. Unable to imagine wanting anything to be different, I’ll name them blessings.

we make mistakes and have crises and catastrophes. And our life and our happiness really depend on what we name those events. YOU have the power to decide whether to call every event in your life either a blessing for growth or a curse that cripples. The human person decides. YOU decide whether this moment in your life is going to be a blessing or a curse. YOU. Not your mama or your daddy, not your husband or wife, not ‘fate,’ but YOU. YOU have the power to bless every event of your life with the great word blessing. So, do that. Even the things you don’t understand, call them blessings, and they will be blessings.” What events in your life can you name as blessings in this month of Thanksgiving? And what events did you once name curses in the moment that you might rename as blessings now in hindsight? My blessings are too many to name, but I guess, like most people, family tops the list. I’m thankful for my wife of 30 years and best friend, Susan, who somehow still puts up with me. I’m thankful for my oldest child, daughter Stephanie, who is newly married and following in Susan’s footsteps as she continues a medical residency program in Baton Rouge (and that she didn’t move away). I’m thankful for my oldest son Bennett as he begins his legal career in Baton Rouge as a new member of the Louisiana Bar and for my youngest son Chris as he winds up his LSU mechanical engineering program next semester to start his career.

Try it.

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Adding video to our marketing efforts has been a game-changer. I can’t tell you how many good people we’ve represented over the last few years who initially said they saw one or more of our videos before calling. And we don’t even have that many videos! Videos give potential clients the chance to get a feel for your personality and allow you to demonstrate expertise in your practice area. This builds trust far deeper than the static photo images and “we care” slogans most websites have. You can create videos discussing your practice areas, what drives you, how your process works, what to expect as a case unfolds, and more. All of these videos can be posted on your website, on YouTube, and on other social media platforms. Then, you can have the videos transcribed and the transcripts can be added as content to your website as well. That content and the videos themselves boost SEO. So, adding video creates a snowball effect on your visibility and boosts conversion. THE POWER OF VIDE A Step-by-Step Guide to Elevat

A Dog’s Intuition: How Babu Saved Her Human From a Tsunami

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The tsunami that struck Japan in March 2011 was unimaginable; the natural disaster killed nearly 20,000 people in minutes. But amid the chaos, there was at least one tiny miracle: an 11-year-old Shih Tzu named Babu. Tami Akanuma, an 83-year-old woman living in the coastal city of Miyako, had her typical morning interrupted by a 9.0 earthquake that shook her house roughly 200 yards from the coast. When it stopped, she breathed a sigh of relief, but Babu became extremely agitated. The small dog began frantically pacing around the living room, moaning, and jumping at the door. Though it was early for Babu’s morning walk, Akanuma decided to appease her. Sources differ on what happened next. Some say officials broadcast a tsunami warning, and Akanuma realized she must evacuate, while others state she knew nothing of the impending disaster. But everyone agrees that Babu jumped into action. She instantly headed for a large hill near Akanuma’s home — the opposite direction of the pair’s usual walk. Akanuma did not dismiss the dog’s instincts. Babu tugged urgently at her leash, running as far as she could before turning to her owner. Akanuma said Babu seemed to be encouraging her to move faster, and the dog ran ahead every time Akanuma caught up. Akanuma later estimated they walked more than half a mile in a few minutes. Only moments after the duo finally reached the top of the hill, they watched an enormous wave wash over their home. The house was destroyed, but Akanuma and Babu escaped with their lives. How did Babu do it? People have long suspected that animals can predict natural disasters, but the truth is elusive. Scientists agree that animals aren’t psychic but disagree on whether something else might be at play. Some attribute the supposed phenomenon to the “psychological focusing effect,” or a human tendency to emphasize one detail in our memories while discarding others. But others point to dogs’ heightened senses of hearing and smell, suggesting animals may be able to detect small atmospheric changes that humans can’t.

But is all of the effort needed to create and post videos worth it?

Many lawyers think it’s not. But that’s because they don’t realize creating videos is effortless once you get a system in place. And by “system,” I mean don’t try to do it all yourself!

Does your office turn away calls about “long-term disability insurance” claim denials because you don’t handle administrative appeals or “ERISA litigation” in federal court? We want to hear from you! We happily share fees on referred ERISA long-term disability, life insurance, and accidental death insurance denial cases. Send us an email at BriefRecess@jpricemcnamara.com or call (225) 201-8311 to start the referral process! WE VALUE YOUR REFERRALS!

No matter the explanation, Akanuma credited her dog with saving her life, and the two gratefully celebrated Babu’s 12th birthday from an evacuation shelter only weeks later.

ERISA is all we do!

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EO MARKETING te Your Legal Practice

YES, SUN LIFE INSURANCE SAID THAT TO OUR CLIENT! ‘A Quick Diarrhea Break During Surgery Was Acceptable’ Cancer is a common reason physicians get long-term disability. Our client, Dr. David Jones, is an ear, nose, and throat physician whose duties include performing surgery. He went out on disability in 2020 due to multiple medical issues, including colorectal cancer requiring surgery and ongoing gastrointestinal problems. Sun Life Insurance Company terminated Dr. Jones’ claim for long-term disability benefits after paying for a very short period, claiming he could resume all of his duties after chemotherapy treatment. The problem was that Dr. Jones could only return to a part-time schedule and clinical work only. He could not perform surgery due to unpredictable emergent bathroom needs, and his earnings from performing surgery were a substantial part of his income. Dr. Jones had true “own specialty occupation” long-term disability coverage. That means he is considered disabled if he cannot perform all of the duties of his chosen specialty, even if he could earn at the same income level as before by working in a different specialty. Dr. Jones’ treating physicians insisted he could not safely perform surgery and would put patients at risk for obvious reasons. But Sun Life ignored their opinions and Dr. Jones’ graphic testimony about why he could not perform surgery. Sun Life didn’t dispute Dr. Jones’ unpredictable bathroom needs, but they found a physician to testify that “a quick diarrhea break during surgery was acceptable.” Then, Sun Life’s vocational expert’s analysis focused only on the physical exertional requirements of Dr. Jones’ surgical specialty when there’s obviously much more to consider from the perspective of safe patient care. So, Sun Life denied Dr. Jones’ appeal for terminating his benefits. With Dr. Jones’ help, we were able to speak with his treating physicians and create detailed physician notes to better support the claim. We also created a vivid, detailed statement for Dr. Jones to describe his symptoms and how he would have no warning at all that he was about to have a bathroom emergency that could last an extended time.

I’m fortunate to have a paralegal, Erika, who is very creative and talented in shooting videos and combining all of the above into a beautifully polished product. But it takes her a full day to perfect just one video! And we got so busy practicing law that our video-making stopped for the last year. But we’re back at it because Erika created a brilliant system. Here’s what we do: First, we create a list of video topics we’ll do for the next six months. We calendar one two-hour session each month to shoot four videos. We shoot the raw footage of me explaining how we handle various cases, answering FAQs, etc. But then, she and I are done. If you read last month’s Brief Recess, you heard me raving about the endless possibilities of accessing talented virtual assistants (VAs) through worldwide platforms such as Upwork. Erika now uploads the raw footage to the VA she vetted, and they deliver a perfectly edited video the very next day with visual effects, a thumbnail image, and a transcript — a finished product. We give it to our website manager to publish on a specific page and to our social media VA to post as instructed. It’s a no-brainer!

So, if we can help you with the details of creating your prolific video system, give us a call. We’re happy to walk you through it step by step.

HAVE A LAUGH!

We presented this and other evidence to Sun Life for reconsideration of the claim before filing suit. That way, it became part of the official administrative record and could be considered by the court. Sun Life again denied the claim, and we filed suit.

Thankfully, presented with undeniable new evidence and facing trial, Sun Life Insurance Company finally did the right thing.

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

ERISA INSURANCE J. PRICE MCNAMARA Claim Attorney

10455 Jefferson Hwy. Suite 130 Baton Rouge, LA 70809 (225) 201-8311 WinMyBenefits.com

INSIDE THIS ISSUE

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Transform Your Curses Into Blessings: A Lesson From Father Harry Tompson The Heroic Hound Who Saved a Life in Japan’s Tsunami Boost Your Legal Practice With the Magic of Videos! Sun Life Insurance Argued in Favor of a Diarrhea Break!

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Tips to Make the Best Thanksgiving Turkey

Mayo Magic: The Secret to Juicy Thanksgiving Turkey

Flavor Infusion If you’re a mayo lover, you’ll agree it’s delicious! While it gives the turkey a subtle and rich flavor, the result doesn’t taste like mayonnaise at all! (Mayo haters can breathe a sigh of relief.) Even Browning Applying mayonnaise to the turkey creates an even and beautiful browning effect on the skin. This enhances the visual appeal and contributes a succulent and slightly crispy texture. Spice Kick Don’t worry — you’re not using only mayonnaise on your turkey. The mayo method serves as an excellent base for your choice of seasonings. You can create your own mixture before applying it to the turkey. Thyme, parsley, garlic powder, sage, cayenne, and rosemary are all great options.

Simple Preparation The mayo method streamlines your preparation process — here’s what to do:

The turkey undoubtedly takes center stage among the many culinary delights that grace the Thanksgiving table. While there are plenty of methods for cooking a turkey, many chefs and home cooks swear by the “mayo method” as the best way to achieve a moist and flavorful Thanksgiving turkey — here’s why! Moisture Lock One of the biggest challenges when roasting a turkey is maintaining its moisture. The mayo method involves slathering the turkey with a layer of mayonnaise before roasting. Because mayonnaise contains oil, it helps lock in moisture during cooking, resulting in a juicy and tender turkey.

Allow your turkey to thaw. Create your custom mayonnaise by mixing it with your seasonings of choice. Dry the turkey with paper towels and season it with salt and pepper. Gently separate the skin from the bird and slide in cubes of butter. Rub the entire turkey with your mayonnaise mixture, inside and out. Bake at 450 F for 30 minutes. Then lower the temperature to 325 F and cook for 15 minutes per pound.

This Thanksgiving, give the mayo method a whirl — you and your guests won’t be disappointed!

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