Helping Wisconsin Workers Challenge Wrongful Disability Claim Denials
Receiving a long term disability denial can be frustrating, especially when you are already dealing with a serious medical condition and uncertainty about your financial future. Many people assume that once an insurance company denies a claim, there is little they can do. In reality, the appeals process is often one of the most important stages of a long term disability case.
At Hawks Quindel, our long term disability appeals lawyers help workers across Wisconsin appeal denied long term disability (LTD) and short term disability (STD) claims. For more than 60 years, our firm has represented individuals facing difficult legal and financial situations, including disputes with disability insurance companies.
"We do not represent corporations… We represent the worker against these large employers, large government bureaucracies. That's who we are, that's who we've been, going back 60 years."
~ Attorney David Zoeller, Hawks Quindel
We understand how these claims are evaluated, why insurance companies deny benefits, and what evidence can strengthen an appeal. If your disability benefits were denied, taking action quickly can help protect your rights and improve your chances of success.
Contact the team at Hawks Quindel today to discuss your long term disability appeal with an experienced Wisconsin disability attorney.
Why You Should Choose Hawks Quindel For Your Long Term Disability Appeal
Long term disability appeals are often more complicated than people expect. Insurance companies frequently rely on technical policy language, strict deadlines, and detailed medical reviews when deciding whether to approve or deny benefits. Having the right legal team can make a meaningful difference in how your claim is presented and evaluated.
Hawks Quindel has spent more than six decades advocating for workers and individuals across Wisconsin, including people whose disability claims were unfairly denied. Our attorneys understand the challenges involved in ERISA and non-ERISA disability appeals and know how to build strong administrative cases supported by persuasive medical and vocational evidence.
Clients choose Hawks Quindel because we provide:
- Experience handling complex disability insurance disputes
- A worker-focused approach—we represent claimants, not insurance companies
- Strategic guidance throughout the appeals process
- Careful attention to deadlines, evidence, and policy requirements
- Statewide representation with offices in Madison, Milwaukee, Appleton, and Waukesha
We understand that a denied disability claim can place enormous financial and emotional pressure on you and your family. Our goal is to help you understand your rights, strengthen your appeal, and pursue the benefits you may be entitled to receive under your policy.
Hear From Our Clients
What Should You Do After a Long Term Disability Denial?
The steps you take immediately after receiving a denial letter can significantly affect your ability to recover benefits. Many disability insurance policies impose strict deadlines and procedural requirements that must be followed during the appeal process.
The first thing you should do is carefully review the denial letter. The insurance company is generally required to explain:
- Why your claim was denied
- What policy provisions were relied upon
- What additional information may be needed
- How long you have to file an appeal
It is also important to avoid assuming that the insurance company already has all the information necessary to evaluate your claim fairly. Many denials occur because insurers claim there is insufficient medical evidence, inconsistent records, or insufficient proof of work limitations.
Speaking with our disability appeals attorneys early in the process can help you identify weaknesses in the insurer’s reasoning and determine what additional evidence may strengthen your claim.
Why Are Long Term Disability Claims Denied?
Long term disability claims may be denied for many reasons, even when the claimant has a legitimate medical condition.
Common reasons for denial include:
- The insurer claims there is insufficient medical evidence
- Surveillance or social media activity is used against the claimant
- The insurance company disputes the severity of the condition
- Medical records contain inconsistencies or gaps in treatment
- The insurer argues that the claimant can still work
- Deadlines or policy requirements were allegedly not met
Some denials involve highly technical interpretations of policy language. Others result from insurance companies relying heavily on in-house reviewers who never personally examine the claimant.
Understanding why the denial occurred is one of the first and most important steps in building a strong appeal. Let us review your situation to determine whether your claim was wrongfully denied.
Why the Long Term Disability Appeal Process Matters
For many disability insurance claims, especially those governed by the Employee Retirement Income Security Act of 1974 (ERISA), the administrative appeal process is critically important.
Under ERISA, the appeal stage is often the claimant’s best opportunity to present evidence in support of their claim. In many cases, if the appeal is later challenged in federal court, the judge may only review the evidence already included in the administrative record.
That means:
- Missing evidence may not be allowed later
- Incomplete medical documentation can permanently weaken a claim
- Failing to address the insurer’s stated reasons for denial can hurt the case moving forward
This is one reason why you should work with an experienced disability appeal attorney before submitting an appeal. Call our team for a free case evaluation today.
How Long Do You Have To Appeal a Disability Denial?
If your disability insurance policy is governed by ERISA, you generally have 180 days from the date of the denial letter to submit an appeal. Deadlines are one of the most important parts of the disability appeals process. Missing this deadline may prevent you from pursuing your claim entirely.
Once the appeal is submitted, the insurance company typically has up to 90 days to issue a decision, though extensions may apply in some situations.
Some disability policies allow multiple levels of internal appeal before litigation becomes possible. Because the rules vary depending on the policy, we can review the specific terms of your plan to explain the steps you must take.
What Evidence Helps Strengthen a Long Term Disability Appeal?
Providing strong evidence is often the difference between a denied claim and a successful appeal. Insurance companies frequently focus on whether the medical evidence clearly explains your diagnosis, symptoms, and limitations. They will also look at why you cannot perform your job duties and whether your condition is expected to improve.
A strong appeal may include:
- Updated medical records
- Detailed opinions from treating physicians
- Functional capacity evaluations
- Vocational expert reports
- Statements from coworkers, family members, or supervisors
- Documentation regarding job duties and work limitations
Simply resubmitting the same records that were previously denied is often not enough. A successful appeal typically addresses the insurance company’s reasoning directly and fills in any gaps identified in the denial letter.
Why Is Medical and Vocational Evidence So Important?
Disability insurance companies often evaluate claims by comparing your medical condition to the functional demands of your occupation. For example, even if your diagnosis is undisputed, the insurer may still argue that:
- You can perform different or sedentary work
- Your restrictions are temporary
- Your condition does not prevent you from working full-time
This is where vocational evidence can become especially important. Vocational experts evaluate how medical limitations affect your ability to perform your prior occupation or any occupation under the terms of the policy. Together with medical proof, these forms of evidence can significantly strengthen an appeal.
What Is the Difference Between ERISA and Non-ERISA Disability Claims?
Not all disability insurance policies are governed by the same laws. Let’s break down the important differences.
ERISA Disability Claims
Most employer-sponsored disability insurance plans fall under ERISA, a federal law that governs employee benefit plans. ERISA claims often involve:
- Strict procedural rules
- Mandatory internal appeals
- Limited opportunities to introduce new evidence later
- Federal court review standards that are favorable to insurers in some cases
Non-ERISA Disability Claims
Individual disability insurance policies purchased privately are often considered non-ERISA policy claims. These cases may provide:
- Greater flexibility in litigation
- Broader discovery rights
- Jury trial opportunities in some situations
- Potential bad-faith insurance claims
Understanding whether your claim falls under ERISA or non-ERISA rules can significantly affect your legal options and strategy.
What Happens If Your Disability Appeal Is Denied?
A denied appeal does not always mean the end of the case. Depending on your policy and the circumstances, additional options may include:
- Filing another internal appeal
- Pursuing litigation against the insurer
- Negotiating a settlement or benefit resolution
In ERISA cases, lawsuits are typically filed in federal court. These cases often focus heavily on the administrative record developed during the appeals process. Because of this, preparing a strong appeal from the beginning is extremely important.
Can You Sue the Insurance Company for Bad Faith?
In certain non-ERISA disability insurance cases, policyholders may have the ability to pursue a bad faith insurance claim if the insurer acted unreasonably in denying or handling the claim.
Examples of potentially improper conduct may include:
- Misrepresenting policy language
- Ignoring medical evidence
- Conducting inadequate investigations
- Delaying claim decisions without justification
Bad faith claims are highly fact-specific and depend on the type of policy involved. We can evaluate whether you might have a claim after a careful legal analysis.
How Hawks Quindel Helps With Long Term Disability Appeals
Hawks Quindel has extensive experience representing Wisconsin workers and professionals in disability insurance disputes. Our attorneys understand the procedural and evidentiary challenges involved in long term disability appeals and work closely with clients to build strong claims.
When you work with our firm, we may help by:
- Reviewing your denial letter and insurance policy
- Identifying weaknesses in the insurer’s reasoning
- Gathering supporting medical and vocational evidence
- Preparing and submitting appeal documentation
- Communicating with the insurance company on your behalf
- Pursuing litigation, if necessary, after the appeal process ends
Because we represent claimants—not insurance companies—our focus is on protecting your rights and helping you pursue the full benefits you may be entitled to receive.
Why Experience Matters in Disability Appeals
Disability appeals are not simply paperwork disputes. These claims often involve complex medical issues, detailed interpretation of insurance policy language, and strict procedural requirements.
Our experienced disability attorneys can help:
- Ensure deadlines are met
- Develop a stronger evidentiary record
- Identify missing medical or vocational support
- Address insurer arguments directly
- Protect your ability to pursue litigation later if needed
Many claimants do not realize how much the appeal stage can affect the long-term outcome of their case until it is too late to correct mistakes. Reach out today to learn more and help protect your right to long term disability benefits.
Ask the Hawks Quindel Long Term Disability Team…
Do I need a lawyer for a long term disability appeal?
Disability appeals often involve complex medical and legal issues that are not familiar to most workers. An attorney can help strengthen the evidence supporting your claim and ensure procedural requirements are followed.
Can I submit new medical evidence during an appeal?
Yes, and in many ERISA claims, the appeal stage may be your last opportunity to add supporting evidence to the administrative record before litigation.
How long does a long term disability appeal take?
Timelines vary depending on the policy and insurer. In many ERISA cases, insurance companies generally have up to 90 days to issue a decision after receiving the appeal.
What if my condition changes after my claim is denied?
Updated medical evidence may still be submitted during the appeal process if deadlines have not passed. Acting quickly is important.
Frequently Asked Questions About Long Term Disability Appeals
What conditions qualify for long term disability benefits?
Many physical and mental health conditions may qualify if they prevent you from performing the duties required under your policy. Eligibility depends on both medical evidence and policy definitions.
Can mental health conditions support a disability appeal?
Yes. Conditions such as depression, anxiety, PTSD, and cognitive impairments may support disability claims when properly documented.
What is a functional capacity evaluation?
A functional capacity evaluation measures physical or cognitive limitations and may be used to assess your ability to work.
Can social media affect my disability claim?
Yes. Insurance companies sometimes review social media activity and may attempt to use posts or photos to dispute disability claims.
Speak With the Wisconsin Long Term Disability Appeals Attorneys at Hawks Quindel Today
A denied disability claim does not necessarily mean you are out of options. The appeal process may provide an opportunity to strengthen your case, submit additional evidence, and challenge the insurance company’s decision.
Hawks Quindel has spent decades helping Wisconsin workers and professionals navigate disability insurance disputes and pursue the benefits they need. If your long term disability claim has been denied, we are here to help you understand your options and move forward with confidence.
Contact Hawks Quindel today by calling our Madison office directly at (608) 257-0040 or our Milwaukee office at (414) 271-8650, or fill out our online contact form for a free consultation to discuss your long term disability appeal with an experienced Wisconsin disability attorney.