Writing on Wisconsin Legal Rights
An educational legal blog focused on highlighting important legal issues for Wisconsin workers, families, and individuals. Contact UsFive Common Surprises About Long-Term Disability Benefits
Filing a long-term disability (LTD) claim can be an overwhelming process. Even individuals familiar with other related areas of law like Social Security Disability (SSDI) and worker’s compensation are often surprised at how LTD benefits are structured and how many...
Invisible Injuries, Real Claims: Mental Health and Worker’s Compensation Claims in Wisconsin
Most people know that they can file a worker's compensation claim if they have a physical injury resulting from work. But what if you have mental health symptoms that are work-related? You might be wondering if you have a worker's compensation claim relating to a work...
What Is “FMLA”? And Can I Use It?
Introduction to FMLA Leave As an employee in Wisconsin, your employer might offer you different types of leave from work—think PTO, vacation, sick, medical leave, parental leave, bereavement, leave without pay, to name a few. If your employer has 50+ employees, you...
Filing for and Claiming Disability & Survivor Benefits After a CJD Diagnosis
When a loved one is diagnosed with Creutzfeldt-Jakob Disease (CJD), life changes in an instant. This extremely rare and aggressive neurodegenerative illness progresses rapidly, leaving families grappling with profound emotional shock while facing an avalanche of...
Think You’re Just Worn Out from Work? It Might Be a Worker’s Compensation Injury
When most people think of a work injury, they imagine a sudden accident: a fall, a machine malfunction, or something sharp that causes immediate harm. But not all work injuries happen in a single moment. Some develop slowly over time from doing the same tasks day in...
Pain and Suffering in Wisconsin Work Injuries: Understanding Your Compensation Options
If you have been hurt at work in Wisconsin, you may be wondering if you can get compensated for your pain and suffering. Unfortunately, Wisconsin worker’s compensation law does not provide claims for pain and suffering. However, it is important to be aware of the...
Do I Get Medicare on SSDI?
Do I Get Medicare on SSDI? If you are approved for Social Security Disability (SSD) benefits, then you have already proven to the federal government that you suffer from disabling health conditions that likely require extensive medical treatment. Health insurance...
More Than a Diagnosis: The Objective Evidence Gap That Sinks LTD Claims
When it comes to long-term disability (LTD) claims, having a diagnosed medical condition is only part of the story. Many claimants are surprised to learn that simply proving you have a medical condition, and even having the support of a treating provider as well, does...
Learn How to Work with the DWD to Obtain Your Personnel File
Know Your Rights, and Don’t Hesitate to Act The Wisconsin Department of Workforce Development (DWD) has a formal complaint process to help employees enforce their rights. This blog post offers some steps that you can take to file a Labor Standards Complaint if your...
Mental Health Matters: Disability Benefits for Wisconsin Police Officers
May is Mental Health Awareness Month, a time to spotlight the importance of emotional well-being and to empower and advocate for those living with mental health conditions. At our firm, we recognize that when people think of disability benefit claims, mental health...
What Does “End of Healing” Really Mean in Wisconsin Worker’s Compensation?
If you’ve been injured at work in Wisconsin, you’ve probably heard the term "end of healing" or “EOH” — maybe from your doctor, your employer, or the insurance company. But what does it really mean for you and your benefits? Simply put, EOH (also called maximum...
Overcoming Employment Barriers: Pardons, Expungement, and Arrest Record Removal in Wisconsin
The Wisconsin Fair Employment Act prohibits discrimination based on an employee or prospective employee's arrest and conviction record. However, an arrest or conviction record can still create a significant employment barrier for individuals. Wisconsin law allows some...
The Hidden Dangers of Working Part-Time While on Long-Term Disability
If you're getting Long-Term Disability (LTD) benefits, you might wonder: can I work part-time when I'm on Long-Term Disability? The answer is usually yes! Long-Term Disability policies are all different and so it's important to consult the terms of your specific...
Will Cuts to the Social Security Administration Impact my Private Long Term Disability Benefits?
The Social Security Administration (SSA) warned last week that Trump’s Department of Government Efficiency’s efforts to reduce federal spending may result in “significant workforce reductions” across the agency, which is responsible for processing some 2 million...
How Much Can I Receive in Social Security Back Benefits?
If you are applying for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or both, it often takes a significant amount of time to get approved. However, once you are approved, you may receive not only ongoing monthly payments but also a...
What is a Medicare Set-Aside Agreement
A Medicare Set-Aside Agreement (“MSA”) is an agreement that allocates a portion of the funds obtained through the settlement of a worker’s compensation claim for deposit into a bank account or annuity in order to fund the future treatment of a workplace injury. In...
How Using Photos in Your LTD Case Can Strengthen Your Claim
For most ERISA long-term disability (LTD) cases that proceed to court, the case is decided on a closed administrative record in which the judge can only review the information contained in the insurer’s claim file as of the date it rendered its final decision. In...
I Think My Long-Term Disability Company is Surveilling Me – What Do I Do?
An insurance company’s goal is to make money, which naturally means the number one goal, besides selling insurance policies, is to deny insurance claims. However, if a claimant has a strong case with no plausible reason to deny, insurance companies will sometimes...
Can You Sue Your Employer For Wrongful Termination Even If You Quit Your Job? This Legal Theory Says “Maybe.”
What is constructive discharge and why is it important? Constructive discharge is a legal theory that allows employees to establish an adverse employment action even when they quit their job. This is important because an “adverse employment action” is an...
When Navigating Your Short/Long-term Disability Insurance Claim Feels Like Pulling Teeth: The Particular Considerations And Obstacles Facing Dentists Who Apply For STD/LTD Disability Benefits.
Dentists’ claims for short-and long-term disability (STD and LTD, respectively) benefits are often among the most complex and difficult claims to get (and keep) approved, and also to successfully navigate appeals and lawsuits when they get denied. This article...
2024 Attorney Awards
Hawks Quindel, S.C. is proud to announce that 12 of our Attorneys have received awards for their hard work and dedication in 2024! Larry Johnson Super Lawyers: 2022-2024 Super Lawyers Rising Stars: 2015-2020 Bill Parsons Super Lawyers: 2014-2024 Super Lawyers Rising...
Understanding When Social Security Reduces Supplementary Security Income Benefits: Part 2
The Social Security Administration (SSA) treats SSDI (Social Security Disability Insurance) benefits and SSI (Supplemental Security Income) benefits differently. If you receive SSDI benefits, the SSA generally won’t reduce your benefits even if you receive income from...
What is Social Security Looking for Anyway? The Sequential Evaluation Process – Step 1
As discussed in the opening post of this series, Social Security Disability applications undergo a five-step evaluation to determine benefit eligibility. This post focuses on Step 1 of that process. After the non-medical requirement screening is complete, the first...
Attorneys Halstead and Knatterud-Johnson’s representation of employee fired for use of lawful CBD product highlighted by Milwaukee Journal-Sentinel
Madison Shareholding Attorney Aaron Halstead and Associate Attorney Emma Knatterud-Johnson were recently featured in the Milwaukee Journal Sentinel for their work on an employment discrimination case involving the lawful use of a CBD product and resulting wrongful...
My Long-Term Disability Lawsuit Has Been Filed. Now What?
Important disclaimer: The information in this blog post is intended as general guidance for lawsuits filed under the Employee Retirement Income Security Act of 1974 (ERISA). If your claim is regarding an individual disability insurance policy not governed by ERISA,...