Writing on Wisconsin Legal Rights
An educational legal blog focused on highlighting important legal issues for Wisconsin workers, families, and individuals. Contact UsUnderstanding the Role of the Guardian Ad Litem in Family Court
In virtually any family court matter involving minor children, there is eventually a Guardian Ad Litem involved. Establishing a good relationship with the Guardian Ad Litem can be crucial to getting the outcomes you want, and avoiding major problems down the road. Put...
The FTC Bans Non-Compete Agreements: Employees – Move Forward with Caution
On April 23, 2024, the FTC released their long-awaited ban on non-compete agreements. It is the FTC’s position that non-compete agreements by their very nature limit competition. Under the FTC’s final rule, an employer cannot offer, enforce, or even tell an employee...
Responding To New Information During Your Short- or Long-Term Disability Appeal
You appealed a denial of your Short- or Long-Term Disability claim. Now the insurance company is asking you to respond to a report from a doctor that they hired to review you records. You might be confused as to what is happening. Why does the insurance company want...
Unveiling the Benefits of Mediation for Long-Term Disability Insurance Cases
If your long-term disability (LTD) insurer has rendered a final denial regarding your claim for benefits such that you are unable to file any more appeals to the insurer, you have “exhausted your administrative remedies” under the plan. This means your next step is...
FAQs Regarding Wisconsin’s Protection Against Arrest and Conviction Record Discrimination
The Wisconsin Fair Employment Act (Wis. Stat. § 111.321) prohibits employers from discriminating against prospective or current employees because of their arrest and/or conviction records. That seems simple enough. But the reality is a lot more complicated. Below are...
Attorney Jubelirer Wins Duty Disability Claim on Appeal for Rare Firefighter Cancer
Attorney Brandon Jubelirer recently prevailed in securing duty disability survivors benefits for the widow of a firefighter who passed away from a rare form of cancer known as cholangiocarcinoma in 2012. On appeal, the Labor and Industry Review Commission found the...
I Lied To My Doctor About the Cause of my Workplace Injury Because my Employer Asked or Pressured Me To Do So; Did I Lose My Worker’s Compensation Benefits?
Employers will sometimes ask or pressure employees to lie about the cause of a workplace injury. For example, they may tell an employee to tell their doctor that they were hurt while fixing the roof of their own home, when the truth is that they fell off of a roof...
Workplace Injuries at Wisconsin Dairy Farms
Attorneys Martha Burke and Gabriel Manzano Nieves had the opportunity to speak with ProPublica reporters Melissa Sanchez and Maryam Jameel about workplace injuries that occur on Wisconsin dairy farms. Over the last several months Ms. Sanchez and Ms. Jameel have been...
Bridging the Gap: Ending Mental Health Disparity in Disability Insurance Policies
In recent years, the conversation surrounding mental health has gained momentum, prompting a closer examination of how mental health concerns are addressed across various facets of our lives. While strides have been made in ensuring mental health parity in health...
2023 Super Lawyers
Hawks Quindel, S.C. is proud to announce that 10 of our very own were selected for the 2023 Wisconsin Super Lawyers list! Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Larry...
Know the Risks Before Quitting Your Job After a Work Injury
If you suffer an injury at work, you may want to quit your job for several reasons. You may have safety concerns about your workplace, you may be worried that you will no longer be able to perform your job duties because of your injury, or you may be interested in...
Getting Divorced with Pets
Recent studies show that nearly 50% of millennials do not want, or are unsure if they want, human children. But according to a 2020/21 poll by Emma Bedford, Millennials have the highest percentage of pet ownership in the United States (32%), followed by Baby Boomers...
An Uphill Battle: Understanding the “Arbitrary and Capricious” Standard of Review.
If your long-term disability (LTD) insurance carrier has denied or terminated your claim for LTD benefits, and you’ve exhausted your administrative appeals, your next step is to file a lawsuit against the carrier. In most circumstances, the lawsuit will be filed in...
Transitioning from Short-Term Disability to Long-Term Disability? Here’s What to Expect.
You have been off of work for a while and have been receiving short-term disability insurance benefits. Now the disability insurance company is letting you know that you are nearing the end of your short-term disability benefits. What happens next? Confirm that You...
What Should I Be Paid When I Leave My Job?
Every person who works will leave a job at least once in their career. But what happens to your pay if you quit without notice? What about if you’re fired? Is your employer required to pay you for unused vacation or sick leave? Fortunately, Wisconsin has strong...
Introducing Madison’s 3 Newest Attorneys
We are excited to introduce Hawks Quindel's newest additions - Attorney Gabriel Manzano, Attorney Emma Knatterud-Johnson, and Attorney Forrest Stewart. Attorney Knatterud-Johnson joined Hawks Quindel as a law clerk in 2021, working part-time during her second and...
How to Appeal a Long Term Disability Denial
Are you appealing a long term disability denial, you may be wondering what your next steps are? The first step in appealing a denial is to read your denial letter carefully. The letter should explain why your claim was denied and what you need to do to appeal. In most...
Disabled by Opioid Use Disorder? You May Be Eligible for Short- and Long-Term Disability Benefits
Beginning in the 1990s, the use of prescription opioids to treat chronic pain sky-rocketed despite concerns about the drug’s addictive properties and long-term risks. Fast-forward 30 years and the Center for Disease Control and Prevention estimates that roughly three...
Guardians ad Litem: Family Law Cases
Frequently Asked Questions About Guardians ad Litem A Guardian ad Litem (GAL) is a key player in family court proceedings. Wisconsin Statute 767.407 provides that the court shall typically appoint a guardian ad litem for a minor child in any action affecting the...
The Professional’s Dilemma: Special Considerations for Professionals in Need of Long-Term Disability Benefits
Most professionals have dedicated immense resources just for the opportunity to work in their chosen career path. Whether that includes obtaining advanced degrees or moving across country for the right job opportunity, the personal sacrifices that often come as a...
Long-Term Disability Attorneys Jessa Victor & Brook Tylka Present at NAMI Wisconsin
May is Mental Health Awareness Month. Learn how disability attorneys deal with long term disability claims for mental health issue.
Balancing Breastfeeding and Work – Nursing Moms Now Have a Powerful Tool at their Disposal
New PUMP Act Remedies Effective April 28, 2023 The PUMP (Providing Urgent Maternal Protections) Act was passed by Congress on December 31st, 2022, but the most important aspect of the law – the additional remedies available in the event of a violation of the PUMP Act...
Disability Asset Limits: Understanding the Achieving A Better Life Experience (ABLE) Act
Understanding Individual Asset Limit for Individuals Receiving SSDI or SSI Disability Benefits As discussed in previous blog posts, there is a strict asset limitation for individuals who receive Supplemental Security Income (SSI). That limit is $2,000 for an...
Why Is My Disability Claim Taking So Long?
Why Your Disability Claim is Taking So Long and What You Can Do While You Wait If you’ve stopped working because of a disability, you’ve probably considered applying for Social Security Disability Insurance (SSDI) benefits. Perhaps you’ve already filed your...
New NLRB Decision Restricts Common Severance Agreement Terms
On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) returned to established precedent and found that a severance agreement which included broad non-disparagement and confidentiality clauses violated the employees’ section 7 rights under...