If a serious or worsening health condition has made it difficult to continue working in a job or career you've performed for years, you may know you need financial support without knowing which disability benefit program applies to you.
The Wisconsin disability lawyers at Hawks Quindel, S.C. help workers identify the benefits available to them and pursue claims when illness or injury interferes with their ability to earn a living.
The right place to start depends largely on where your benefits come from. You may need to apply for disability benefits through the Social Security Administration, make a claim under disability insurance provided by your employer, use a private disability policy you purchased yourself, or transition from short-term benefits to longer-term coverage.
These programs have different rules, definitions, and claim procedures. The sections below can help you identify which type of disability claim best matches your situation and find more detailed information about that benefit.
Call Hawks Quindel, S.C. today at our Madison office at (608) 257-0040 or our Milwaukee office at (414) 271-8650 to discuss which disability benefits may apply to you.
Securing Disability Benefits Rightfully Owed to Wisconsin Workers
Why Choose Hawks Quindel, S.C. for Help With Your Disability Benefits?
The attorneys at Hawks Quindel, S.C. represent workers and individuals seeking disability benefits—not insurance companies or employers. Founded in 1959, Hawks Quindel, S.C. has spent more than 60 years representing workers and individuals. With more than 30 attorneys, our team has the depth to address disability claims that overlap with Social Security Disability, disability insurance, workers' compensation, and employment rights.
Our disability practice also allows attorneys handling different benefit programs to work together when a client's circumstances require. That matters because a serious disability can create questions involving Social Security Disability, short- or long-term disability insurance, workers' compensation, and employment rights at the same time.
Our attorneys identify which programs apply, explain how they interact, and help clients develop a strategy for moving forward. Start with determining which benefits may be available to you.
Hear From Our Clients
Do You Need Social Security Disability Benefits?
If a serious medical condition prevents you from maintaining substantial work and you are seeking disability benefits from the federal government, you are probably looking for Social Security disability benefits.
The Social Security Administration offers two primary disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These are government benefits, not payments from an employer's disability insurance company.
If you need to apply for SSDI or SSI, have received a denial from Social Security, or need to appeal a decision, visit our Social Security Disability page for detailed information about these claims.
Do You Have Long-Term Disability Insurance Through Work or a Private Policy?
If you have disability insurance through your employer—or purchased an individual disability insurance policy yourself—you may have a long-term disability (LTD) insurance claim.
Unlike Social Security Disability, LTD benefits are governed by the terms of an insurance policy or benefit plan. That document defines disability, establishes how much the policy pays, explains how long benefits can continue, and sets the requirements for making and appealing a claim.
Employer-sponsored disability plans are also frequently governed by the federal Employee Retirement Income Security Act (ERISA), which creates important procedural requirements and deadlines.
If you are applying for long-term disability benefits, appealing a denial, or dealing with an insurer that has terminated benefits you were already receiving, start with our Long-Term Disability Benefits page.
Are You Receiving—or About to Lose—Short-Term Disability Benefits?
If your employer's disability plan is replacing part of your income for a limited period while you recover, you are probably dealing with short-term disability insurance.
Short-term disability benefits are designed to provide temporary income replacement. Coverage frequently lasts for weeks or several months rather than years. If your medical condition continues beyond that period, you may need to determine whether long-term disability coverage or another disability benefit is available.
If you are applying for benefits, facing a denial, or approaching the end of your short-term disability period, learn more about Short-Term Disability Benefits and the next steps that may apply to you.
Does Your Disability Policy Ask Whether You Can Do Your Own Job or Any Job?
Long-term disability policies frequently define disability according to your ability to perform an occupation. The language in your policy matters.
An "own occupation" standard focuses on whether your medical condition prevents you from performing the material duties of the occupation you had when you became disabled. An "any occupation" standard asks whether you can perform another occupation that satisfies the policy's requirements.
Many policies change from an own-occupation standard to an any-occupation standard after benefits have been paid for a specified period. That transition can become a critical point in an ongoing disability claim.
Our guide to Own Occupation vs. Any Occupation Disability Benefits explains these standards and the evidence used to address them.
What If More Than One Disability Benefit Applies to You?
A disabling condition does not always fit neatly into a single benefits program. Someone receiving long-term disability insurance may also qualify for Social Security Disability. A worker injured on the job could have workers' compensation and disability benefit issues at the same time.
These programs can affect one another. Benefit offsets and other coordination rules can change how much you receive, making the order and timing of claims important.
This is one reason the attorneys at Hawks Quindel, S.C. take a broader view of disability cases. Rather than looking at one claim in isolation, our team can identify overlapping benefits and determine when coordination with attorneys in another practice area is necessary.
Which Type of Disability Claim Should You Pursue?
If you are still unsure where to start, use the source of the benefit as your first clue.
| Your Situation | Start Here |
| You cannot maintain substantial work and want to seek disability benefits from the federal government. | Social Security Disability (SSDI/SSI) |
| You have long-term disability insurance through your employer or a policy you purchased privately. | Long-Term Disability Insurance |
| You have temporary disability coverage that replaces income for a limited period. | Short-Term Disability Insurance |
| Your LTD insurer is evaluating whether you can perform your previous occupation or another occupation. | Own Occupation vs. Any Occupation |
You do not need to diagnose the legal issue on your own before contacting an attorney. If you are unsure which program applies, the disability attorneys at Hawks Quindel, S.C. can review your situation and help identify the appropriate path.
Frequently Asked Questions About Disability Benefits
Is Social Security Disability the same as long-term disability insurance?
No. Social Security Disability is a federal government benefit administered by the Social Security Administration. Long-term disability insurance is coverage provided through an employer-sponsored plan or an individually purchased insurance policy.
Can I have both Social Security Disability and long-term disability insurance?
Yes. A person can qualify for both programs. However, an LTD policy can contain provisions that reduce benefits based on Social Security Disability payments, so the two claims should be coordinated carefully.
Should I wait until my short-term disability benefits end to look into long-term disability?
No. If your condition is expected to keep you from working beyond your short-term disability period, review your long-term disability coverage before STD benefits end. Understanding the LTD policy's requirements and deadlines early can help you prepare for the transition.
Talk With a Wisconsin Disability Lawyer at Hawks Quindel, S.C. About Your Options Today
When you cannot work because of a serious medical condition, figuring out which benefit program applies should not become another source of uncertainty. The disability attorneys at Hawks Quindel, S.C. help workers throughout Wisconsin understand their options, pursue disability benefits, and respond when valid claims are denied.
Contact Hawks Quindel, S.C. today by calling our Madison office at (608) 257-0040 or our Milwaukee office at (414) 271-8650, or fill out our confidential contact form.