It has been several years since the claim-filing crisis from the Covid-19 pandemic. In January of 2021, I explained why then proposed changes to the claim-filing process were unlikely to lead to any real improvements. And, in November of 2022, I reviewed noticeable trends in why and how unemployment claims were being denied in Wisconsin.
So, it is time to look at the data since the end of the Covid-19 pandemic to see what has changed…
Continue Reading Claim filing in 2026 in Wisconsin
The U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) has issued a meaningful Request for Information (“RFI”) seeking stakeholder input on potential new or modified Anti-Kickback Statute (“AKS”) regulatory safe harbors and Beneficiary Inducements Civil Monetary Penalty (“CMP”) exceptions for remuneration to clinical trial participants. The RFI was published as part of HHS’s Operation TrialBlazer, a coordinated department-wide initiative aimed at promoting clinical research leadership and engagement in the United States, including a…
Continue Reading OIG Issues RFI on Anti-Kickback Statute Safe Harbors for Clinical Trial Participant Remuneration – Comments Due August 24, 2026
Many LTD claimants whose claims get denied plan to handle an appeal on their own and then involve an attorney if the insurer denies their appeal. On the surface, it seems like a good way to save money on legal fees. In reality, it can be one of the most costly decisions in the entire process.
If your claim is governed by ERISA (the Employee Retirement Income Security Act of 1974)—which most employer-sponsored group LTD policies are—the evidence that…
Continue Reading Why Your Long-Term Disability Appeal May Decide Your Entire Case Before You Ever Get to Court
Multiple Sclerosis (MS) is a chronic medical condition that is characterized by brain fog, fatigue, muscle weakness, and many other debilitating symptoms that limit a person’s ability to function on a daily basis1. For many people living with MS, the hardest part can often be the uncertainty that follows. While symptoms can vary from person to person, these symptoms can often make sustained employment difficult. When that happens, employer-provided short- and long-term disability benefits plans may be necessary to…
Continue Reading Multiple Sclerosis and the Difficult Road to Long-Term Disability Benefits
Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS) is a serious medical condition that is characterized by severe fatigue, post-exertional malaise, sleep disturbances, and a range of other debilitating symptoms that can severely limit a person’s ability to work and participate in normal activities1. Unfortunately, those living with ME/CFS often have the difficult reality of proving the disabling effects of a condition that may not be noticeable to others in order to receive long-term disability (LTD) benefits.
Because a lot of the…
Continue Reading ME/CFS and Long-Term Disability Benefits: Understanding the Legal Challenges
Since we last posted about the First Amendment rights of employees in 2012, the law has remained relatively stable but social media has exploded. And for the last 14 years, courts have been trying to figure out how speech made online affects the legal analysis regarding the First Amendment rights of government employees.
For a primer on the First Amendment rights of government employees, go back and look at Attorney Summer Murshid’s post from 2012. However, here are…
Continue Reading Social Media Posts and the First Amendment Rights of Government Employees
Artificial Intelligence (“AI”) has taken the world by storm. It seems no matter where you turn, AI is being promoted for all kinds of uses. By way of example, the City of Milwaukee recently announced that they will be using AI to address the increasing number of potholes around the city. It has also become apparent that more and more people are seeking legal advice from generative AI tools such as OpenAI ChatGPT, Anthropic Claude, and Google Gemini. While…
Continue Reading Why Employees Should Proceed with Caution when Using AI to Vet Potential Claims Against Their Employers
The Gap Between FDA Authorization and Medicare Coverage
In April 2026, the Centers for Medicare & Medicaid Services (“CMS”) and the U.S. Food and Drug Administration (“FDA”) announced a proposed initiative, the Regulatory Alignment for Predictable and Immediate Device (“RAPID”) pathway, intended to expedite Medicare coverage of certain Class II and Class III devices that have received Breakthrough Device designation and are pursuing FDA market authorization while engaging with CMS. Under RAPID, CMS aims to issue a proposed National…
Continue Reading CMS Announces RAPID Coverage Pathway to Speed Medicare Coverage of New Medical Devices
The Indiana Court of Appeals (“the Court”) affirmed a temporary commitment order after finding clear and convincing evidence that a patient was gravely disabled because of mental illness. Rejecting the patient’s argument that medication noncompliance, denial of his diagnosis and temporary homelessness were insufficient to establish grave disability, the Court emphasized the totality of the circumstances. The record showed repeated psychiatric hospitalizations, abandonment of outpatient treatment, longstanding medication noncompliance, delusional beliefs and conduct demonstrating a substantial impairment in judgment…
Continue Reading Indiana Court of Appeals Upholds Grave-Disability Finding Based on Pattern of Mental Health Deterioration
When a loved one begins to need help with daily activities, families often face difficult decisions about care. Long-term care is not limited to nursing homes—it includes a wide range of services that help individuals manage daily living when age, illness, disability, or cognitive decline makes independent living difficult.
Long-term care may include help with bathing, dressing, eating, mobility, toileting, medication management, meal preparation, and supervision for individuals with memory loss or cognitive impairment.
For many families, staying at…
Continue Reading What is Long Term Care?
A federal court in Pennsylvania (“the Court”) ordered the unsealing of nearly a decade’s worth of False Claims Act (“FCA”) filings, holding that the government failed to overcome the strong presumption of public access to judicial records.
In U.S. ex rel. Compton v. HCR ManorCare, Inc., No. 16-0851 (E.D. Pa. Apr. 17, 2026) (“Compton“), the Court rejected the government’s attempt to keep dozens of petitions confidential—petitions asking the Court to delay unsealing the case to the…
Continue Reading A Turning Tide—Federal Court Orders Decade of Sealed FCA Filings Unsealed
In the realm of Wisconsin family law, “service by publication” is often viewed as the procedural safety net of last resort. Under Wis. Stat. section 801.11(1)(c), when a spouse cannot be located after “reasonable diligence,”[1] the law allows for notice to be published in a newspaper to satisfy due process. However, for practitioners dealing with spouses residing in countries that criminalize defamation for revealing secret of family life, this procedural requirement creates a dangerous paradox: complying with Wisconsin…
Continue Reading Conflict of Laws: The Perils of Divorce by Publication and International Laws
Wisconsin is among the minority of states where sobriety checkpoints are illegal. Section 349.02(2)(a) of the Wisconsin Statutes requires individualized reasonable suspicion before the police can stop a vehicle, and evidence from an unlawful stop can be suppressed. Mays Law (Madison/Middleton) builds custom-tailored OWI defenses based on a comprehensive case analysis that starts with scrutinizing the stop itself.
The U.S. Supreme Court has held that sobriety checkpoints are constitutional, and most states use checkpoints to catch drunk drivers on…
Continue Reading Why Wisconsin Bans Sobriety Checkpoints — and What That Means for Your OWI Defense
Plaintiffs’ attorneys use “Reptile Theory” tactics in transportation litigation to push for higher verdicts by appealing to jurors’ primal need for safety, distracting from the relevant facts of the case. They attempt to get witnesses to agree to sweeping absolute statements about safety precautions and broaden motor carriers’ responsibility beyond what state and federal regulations require, thereby portraying motor carriers and their drivers as an inherent risk to public safety. For motor carriers, understanding how these arguments work and…
Continue Reading What Motor Carriers Need to Know About Reptile Theory in Transportation Litigation
Running a solo or small law office means managing every aspect of the practice. Roles as attorney, receptionist, intake coordinator, billing department, IT support, marketer, and file clerk can all become part of the workday.
One theme becomes clear quickly: efficiency is not optional. It is survival.
Even modest operational changes can have a significant impact. Improving productivity does not always require additional software or expanded staffing. Thoughtful systems and consistent practices that reduce friction and preserve focus on…
Continue Reading Efficiency is Not Optional: Productivity Tips for Solo and Small Firm Attorneys
