Writing on Wisconsin Legal Rights
An educational legal blog focused on highlighting important legal issues for Wisconsin workers, families, and individuals. Contact UsI 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,...
I Just Lost My Job. What Should I Do Next?
Losing your job unexpectedly can be one of the most stressful situations in life. At Hawks Quindel, S.C. we have extensive experience helping Wisconsin workers through times like this. In this post, we’ll talk about some concrete tips that can help you protect your...
Why Should I Hire an Attorney for My Divorce?
In the state of Wisconsin, divorce parties are able to represent themselves in court. Many litigants elect to proceed pro se, or without counsel, as representation may be cost prohibitive, or it may be an unusually amicable proceeding. However, obtaining an attorney...
Your LTD Appeal Was Approved! Now What?
Congratulations—your long-term disability appeal was approved! The good news is that you will likely be receiving a check from your disability insurance carrier for the total amount of past due disability benefits and begin receiving monthly benefit on an ongoing...
Milwaukee Shareholder Summer Murshid Named Women In Law’s Labor and Employment Lawyer of the Year
Milwaukee Shareholder Summer Murshid was named Labor and Employment Lawyer of the Year from the Women in Law Awards. Lawyer Monthly interviewed Attorney Murshid about her trailblazing career in Employment law and Advocacy for Workers' Rights, read the full article...
Hawks Quindel Joins Forces with Distinguished Workers’ Rights Attorney Nieves Bolaños to Launch Chicago Office
Hawks Quindel expands reach to serve more workers throughout the Midwest MILWAUKEE, Wisconsin – July 10, 2024 – Hawks Quindel today announced the launch of its Chicago office, which will be led by esteemed workers’ rights advocate Nieves Bolaños who joins the firm as...
I am on an H-2A or H-2B visa and I sustained a workplace injury, can I stay in the U.S. while I receive medical treatment?
If you've been injured on the job as an H-2A or H-2B worker and require ongoing medical treatment, there are steps you can take to extend your visa in order to continue receiving medical care: Notify Your Employer: Inform your employer immediately about your workplace...
Can I File a Short-/Long-Term Disability Insurance Claim While I’m Still Working?
If you have a chronic or progressive medical condition that is beginning to impact your ability to work, you might be wondering if you can file for benefits under your Short- or Long-Term Disability Insurance policy before you stop working. Even if your medical...
Navigating Disabilities in the Workplace: Should I seek a disability accommodation or disability benefits?
Disabled individuals may have a number of protections and rights in the workplace. However, determining how and when to invoke those rights can often be challenging as individuals try to balance the restrictions imposed by their disability with their desire to...
Understanding When Social Security Reduces Supplementary Security Income Benefits
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 help from...
What is Social Security Looking for Anyway? The Sequential Evaluation Process
According to data provided by the Social Security Administration (SSA), approximately 2 million Americans apply for public disability benefits each year. All of these applications for Social Security benefits on the basis of disability go through the same five-step...
Understanding 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...