If you work for the state government, a university, a public institution, or another large employer in the Madison area, your benefits package may provide important income protection when a medical condition keeps you from working. But understanding those benefits can become difficult precisely when you have the least energy to deal with complicated paperwork, insurance policies, and deadlines.
The Madison disability lawyers at Hawks Quindel, S.C. help workers understand their disability coverage, challenge denied claims, and protect the benefits they rely on when their health disrupts a career they have spent years building.
Madison's workforce includes many people with employer-sponsored group disability coverage, while others have individually purchased policies or benefits that fall outside the federal Employee Retirement Income Security Act (ERISA). Those distinctions matter. They determine which laws apply, how a denial must be appealed, what evidence must be submitted, and what options remain if the claim is not approved.
From our office at 409 E Main Street in Madison, our attorneys represent workers throughout Madison and Dane County. We work for individuals seeking benefits—never employers or insurance companies—and help our clients determine the right strategy from the beginning.
Securing Disability Benefits Rightfully Owed to Wisconsin Workers
Why You Should Choose Hawks Quindel, S.C. for Your Madison Disability Claim
Disability insurance cases are not simply disputes over whether you have a medical diagnosis. The real question is whether your medical condition satisfies the definition of disability contained in your particular plan or policy. Proving that requires understanding both the medical evidence and the contractual or ERISA rules governing the claim.
Founded in 1959, the Hawks Quindel, S.C. team has represented Wisconsin workers for more than 60 years. Our 30+ attorney team gives clients access to lawyers who focus on different areas of workplace and disability law. That breadth is particularly valuable when a disability affects more than one source of income or benefits.
Attorney Tim Maynard handles disability matters for Hawks Quindel, S.C., and has substantial experience with short- and long-term disability claims. He is recognized as a Super Lawyers Rising Star, is a member of the National Employment Lawyers Association (NELA), and is top-rated on Avvo.
Our attorneys approach disability claims with the intention of building the strongest record the evidence supports. We examine what the policy requires, why the claim was denied, what evidence is missing, and what must happen next.
Is Your Madison Disability Claim Governed by an Employer Group Plan?
Many Madison-area employees receive disability insurance as part of a workplace benefits package. If that describes you, one of the first documents you need to understand is the disability plan itself.
The plan document establishes the rules. It defines disability, identifies the amount and duration of benefits, sets claim and appeal procedures, and explains when the insurer can require additional proof that you remain disabled.
Employer-sponsored private-sector plans are frequently governed by ERISA. Governmental plans and certain other plans are exempt, so Madison's large public-sector workforce should not assume that ERISA applies simply because disability coverage was provided through an employer. That distinction changes the legal framework governing a denied claim.
Who Actually Decides Whether You Are Disabled?
Having disability coverage through work does not necessarily mean your employer decides whether you qualify for benefits. An insurance company or plan administrator commonly evaluates the claim under the terms of the plan.
That decision depends on evidence. Medical records can establish diagnoses and treatment, but the claim must also show how your condition limits your ability to perform the work required under the policy's definition of disability.
If your benefits were denied or terminated, our attorneys can review the plan documents and denial letter to determine which rules apply and what the insurer says is missing from your claim. For a broader explanation of employer-sponsored and individually purchased disability coverage, visit our Wisconsin Long-Term Disability Benefits resource.
Hear From Our Clients
“happy with our settlement”
Bill Parsons and Brook Tylka and the rest of the staff from Hawks Quindel were very helpful with our case. They kept me up to date on the progress of my claim from the very beginning. After our first conciliation, we felt very confident we had the right attorney to...
“a practice someone can trust”
Hawks and Quindel are an amazing law firm to deal with. It’s a scary time and everyone there puts you at rest that they have your best interest at heart. They never make you feel like you are bothering them and they kept me in the loop with answers before... “thoroughness, patience, and insight”
I can’t praise Aaron Halstead and Connor Clegg enough for their work on my legal matter. I especially appreciated their thoroughness, patience, and insight. They were always responsive to my questions. They helped me navigate a challenging workplace issue and obtain a good outcome. I would and do recommend them. “highly recommend seeking the services of this firm”
During this very difficult time, the staff at Hawks and Quindel kept me reassured and informed every step of the way. I had the pleasure of working with Attorneys Jessa Victor and Brook Tylka. Jessa, Brook, Matt, and Hadley, thank you for all of your hard work, professionalism and compassion!... “my case was won”
From our first phone call with Donnie Malchow, we knew we'd found the right person to help us. I had filed for disability and been denied. He was willing to walk beside us and thoroughly explain the entire process (lasted over a year and a half) and expectations (gave us... “I would wholeheartedly recommend HQ”
I had another law firm representing me on a non-compete, and when it became clear that I needed new representation, I reached out to Hawks Quindel. Aaron Bibb took my case and he represented me extremely well to an agreeable resolution of the case, and costs were extremely reasonable and... “went above and beyond”
Attorney Halstead and his team went above and beyond to not only win my case, but because of certain circumstances I had going on, they did everything they could to help and rush the settlement through. They were always quick at responding to emails and phone calls with questions I... “I highly suggest this firm”
I can't imagine using any other firm after having Hawks Quindel, they were so knowledgeable and experienced but yet so down to earth to talk with. They kept me informed every step of the way and always answered when I had a question. What a staff, so many great people,... “empathy, intelligence, and professionalism”
I reside in New Mexico but drove a semi-truck coast to coast for an unscrupulous trucking company out of Wisconsin. This logistics company harassed, bullied lied and discriminated against me, keeping my earned wages, and leaving me in a financial hole. Devastated I called and left a message for the... “people treat you like family”
Top notch law firm Jacob and Natalie were my 2 attorneys that represented me on both of my cases? They did a fantastic job. Speaking up for me as they do for thousands of people and especially the little guys down-to-earth, people treat you like family, these people are godsons. “Way beyond my expectations”
Many thanks from my family to all of you at the firm!!! Hawks Quindel, S.C. is the only place I would consider for LTD, disability, SSDI, ERISA, EEOC, DRoW legal help!! Jessa Victor and her team got me all the answers and results when I didn't think it was possible!!!... “His team were patient and professional”
I had the pleasure of being represented by Aaron N. Halstead, Shareholder, on my discrimination case. His team were patient and professional. I would highly recommend this firm for the professionalism and efficiency for working through my case. “If there were 10 stars”
If there were 10 stars I would give them that. There are not enough words to express my gratitude for Aaron, Ben and their team. I felt strong with them behind me. Exceeded expectations is an understatement. “wonderful to work with”
I had mauve she was wonderful to work with! She helped me with my long battle to get SSI and SSDI. Which thankfully I now have! She's a delight and really helps boost anyone's confidents. “Extremely knowledgeable”
I had an incredible experience regarding my workers compensation case with Jakob Feltham! It was my first workers compensation case (*or first case ever), and I didn't know anything about the legalities surrounding my issue, or what I was entitled to? Jake Feltham had ALL my answers, and made it... “I’m happy with the work they did”
They were extremely responsive and good at communication throughout the process. They were accommodating of my disability and explained things well, taking time to answer all my questions. I'm happy with the work they did. Felt like I really had people on my side during a confusing and difficult time. “consistently responsive and professional”
My recent experience with Hawk Quindel, and in particular with John Leppanen in the Milwaukee office. He, was extremely valuable. The support/intake staff responded quickly to my initial inquiry, and John was responsive and made time soon after our initial contact to begin work on my case. John was able... “the best lawyers, trustworthy”
Excellent people, the best lawyers, trustworthy, always seeking the best results in the shortest possible time. I highly recommend them. “Very Helpful”
Eze the intake coordinator was awesome, very helpful and connected me with the right people to help with my situation! Thank you Eze! “Had My Back”
In 2010, I returned home from my second deployment. In 2012, I was told by the VA I couldn’t return to the job I was working at. It is now 2019, and through 7 years of needing legal representation, Hawks had my back through 3 separate issues: short term disability,... “Best Decision”
I really don’t know how to put this in words to express how happy, satisfied, and really just overwhelmed with a sense of justice being handed out on my behalf. This big corporate work comp insurer treated me wrong, but before I decided to give up I contacted Hawks Quindel,... “Highly Recommend”
The attorneys at Hawks Quindel worked tirelessly on my behalf. They were transparent at every step of the way, and answered any questions I had directly and in ways that someone without a legal background could easily understand. Although I would highly recommend them to anyone who is potentially facing... How Long Do You Have to Appeal an ERISA Disability Denial?
An ERISA disability claimant generally has 180 days from the date of denial to submit an administrative appeal. That deadline is one of the most important facts to understand after an LTD denial.
ERISA generally requires you to complete the plan's administrative appeal process before pursuing a claim for denied benefits in federal court. Failing to submit a timely appeal can prevent you from moving forward with the claim.
Do not mistake 180 days for an indication that there is plenty of time. A strong administrative appeal requires far more than sending the insurer a letter saying you disagree with its decision. The appeal period is the time to determine why the insurer denied the claim and build evidence addressing those reasons.
If you have received an ERISA disability denial, contacting a Madison disability attorney early gives your lawyer more time to investigate and prepare the administrative record before the deadline expires.
What Actually Goes Into a Long-Term Disability Appeal?
One of the most consequential parts of an ERISA disability case happens before a lawsuit is ever filed. After reviewing the denial, an attorney can obtain the insurer's claim file and compare its reasoning with the policy language and medical evidence. That review can reveal exactly where the insurer believes the evidence falls short.
Building the appeal may require obtaining updated treatment records and written opinions from treating physicians that explain specific functional restrictions. Depending on the disputed issue, additional evidence can include a functional capacity evaluation, vocational evidence, or statements from people familiar with how the claimant's condition affects daily functioning.
This is particularly important in ERISA cases because the evidence assembled during the administrative process can define the record a court later reviews. The goal is therefore not simply to file an appeal before the deadline. It is to use the appeal period to build a record that directly answers the insurer's reasons for denying benefits.
What Does "Own Occupation" or "Any Occupation" Mean for Your Claim?
Many disability policies evaluate your ability to work under your own occupation or any occupation standard.
Under an own-occupation definition, the central issue is whether your condition prevents you from performing the material duties of the occupation you had when you became disabled. An any-occupation definition looks more broadly at whether you can perform another occupation that satisfies the requirements established by the policy.
This distinction becomes especially important for people who have spent years developing a career that requires particular physical abilities, concentration, stamina, technical skills, or cognitive demands. A diagnosis alone does not explain why those duties can no longer be performed.
Some LTD policies also change their definition of disability after benefits have been paid for a specified period. An insurer can therefore reevaluate a claim even after approving and paying benefits.
Learn more about how these standards affect disability claims in our guide to Own Occupation vs. Any Occupation Disability Benefits.
Does ERISA Apply to Every Madison Disability Insurance Claim?
No. This is an important distinction for Madison workers.
ERISA governs many private employer-sponsored benefit plans, but it does not govern every disability policy. Governmental plans are exempt from ERISA, as are qualifying church plans. A disability policy purchased individually rather than obtained through an employer is also ordinarily outside ERISA.
Non-ERISA disability disputes can involve different claims, procedures, and remedies under state law. For someone working in Madison's substantial government and public-sector workforce, determining the type of plan is therefore an important first step rather than a technical detail.
Our disability attorneys can review the plan and identify which legal framework controls the claim. For more details, see our guide to Wisconsin ERISA and Non-ERISA Benefits.
What If Your Disability Benefits Were Approved and Then Stopped?
An approval does not always mean an LTD claim is secure for the remainder of the benefit period. Insurance companies can require continuing proof of disability and periodically review claims. A change from an own-occupation definition to an any-occupation definition can also trigger a new evaluation of whether you remain eligible.
If an insurer terminates benefits, the termination letter should identify the basis for its decision. The next step is to examine that reasoning against the policy language and the medical and vocational evidence.
A termination can create the same urgent need for a carefully prepared administrative appeal as an initial denial. If you have relied on monthly LTD payments and receive notice that they are ending, review the decision promptly rather than waiting for the loss of income to create a financial crisis.
Can You Receive More Than One Type of Disability Benefit?
Yes. A serious medical condition can make you eligible for more than one source of income protection.
For example, a worker receiving LTD benefits could also pursue Social Security Disability Insurance. A workplace injury can create workers' compensation issues alongside disability insurance questions. These programs can contain offsets or other coordination provisions that affect the amount ultimately paid.
Hawks Quindel, S.C.'s breadth of worker-side practices becomes valuable when claims overlap. Instead of treating each benefit in isolation, attorneys in different practice areas can coordinate when necessary and identify how one claim affects another.
If your primary concern is obtaining disability benefits through the Social Security Administration rather than an insurance policy, visit our Madison Social Security Disability Lawyers page.
How Can a Madison Disability Lawyer Help With Your Claim?
Disability cases are document-intensive, deadline-driven, and highly dependent on the language of the particular plan. Our attorneys focus on turning a complicated benefits dispute into a clear strategy.
That work can include reviewing your policy and plan documents, determining whether ERISA applies, analyzing the denial or termination letter, obtaining the insurer's claim file, identifying gaps in the medical record, working with appropriate medical or vocational evidence, preparing an administrative appeal, and pursuing litigation when necessary.
Just as importantly, our attorneys explain what is happening and why. When your health and income are already uncertain, you should not have to guess what an insurer wants or what your next legal step should be. Reach out today to have your specific questions answered.
Frequently Asked Questions About Disability Claims in Madison
Should I wait for my insurer to collect all of my medical records?
No. Do not assume the insurer has obtained every record needed to establish your disability. We can review the evidence in the claim file and determine whether updated records, physician opinions, testing, or other documentation are needed to meet the policy's requirements.
Can an insurance company deny my claim even if my doctor says I cannot work?
Yes. A treating physician's support is important, but the insurer evaluates whether the evidence satisfies the policy's definition of disability. Detailed medical evidence explaining your restrictions and how they prevent you from performing relevant occupational duties is stronger than a conclusory statement that you are "disabled."
Do I need a disability lawyer before my claim is denied?
You do not have to wait for a denial. Legal guidance can be valuable when the policy is difficult to interpret, the insurer is requesting extensive documentation, benefits are approaching a change in disability definition, or you are trying to coordinate LTD with another benefit program.
What should I bring when speaking with a disability attorney?
Bring your denial or termination letter, disability policy or plan documents if available, recent correspondence with the insurer, and information about your medical treatment. These materials help our attorneys identify the applicable rules, deadlines, and issues requiring immediate attention.
Talk With a Madison Disability Lawyer About Your Benefits
When a medical condition threatens the income you have spent years working to earn, a disability claim is more than an insurance matter. It can determine whether you have financial stability as you adjust to significant changes in your health and ability to work.
The attorneys at Hawks Quindel, S.C. represent Wisconsin workers and individuals—not employers or insurance companies. From our Madison office, our team helps clients understand disability policies, challenge benefit denials, prepare administrative appeals, and pursue the benefits available under their coverage.
Contact Hawks Quindel, S.C. at (608) 257-0040 or visit our Madison office at 409 E Main Street, Madison, WI 53703, to begin the intake process and learn whether your matter qualifies for a free case screening.