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On April 11, 2025, there will be a new Telephone Consumer Protection Act (TCPA) revocation rule for unwanted robocalls and robotexts.

This Opt-Out Rule, adopted in February 2024 by the Federal Communications Commissions (FCC), aims to make opting out of unwanted calls and texts easier for consumers. Except for limited circumstances, business-to-consumer companies that send robotexts and/or robocalls will soon be required to honor do-not-call and consent revocation requests within 10 days of receipt of the request.

On its…
Continue Reading TCPA Compliance: Is the Upcoming Opt-Out Rule a Major Game Changer?

The Social Security Administration (SSA) warned last week that Trump’s Department of Government Efficiency’s efforts to reduce federal spending may result in “significant workforce reductions” across the agency, which is responsible for processing some 2 million benefit applications per year.  

This comes at a time when the SSA is already short-staffed and dealing with extensive backlog. Indeed, once an individual has submitted their application for social security disability benefits (SSDI), it takes 6 to 8 months to…
Continue Reading Will Cuts to the Social Security Administration Impact my Private Long Term Disability Benefits?  

If you are applying for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or both, it often takes a significant amount of time to get approved. However, once you are approved, you may receive not only ongoing monthly payments but also a lump-sum award for the months—or even years—during which you were disabled and should have been receiving benefits. 
Exactly how much you might receive in back benefits depends on when you applied, when your disability began, and…
Continue Reading How Much Can I Receive in Social Security Back Benefits?

A Medicare Set-Aside Agreement (“MSA”) is an agreement that allocates a portion of the funds obtained through the settlement of a worker’s compensation claim for deposit into a bank account or annuity in order to fund the future treatment of a workplace injury. In order to protect the interests of Medicare, an injured worker who has settled their claim, is enrolled in or has applied for Medicare, and has been compensated for future treatment as part of a settlement,…
Continue Reading What is a Medicare Set-Aside Agreement

 For most ERISA long-term disability (LTD) cases that proceed to court, the case is decided on a closed administrative record in which the judge can only review the information contained in the insurer’s claim file as of the date it rendered its final decision. In other words, no new evidence can be introduced during the course of the lawsuit. This also means that the judge will not have the opportunity to meet you, ask questions of you, or hear…
Continue Reading How Using Photos in Your LTD Case Can Strengthen Your Claim 

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 initially approve a claim. This means one of their best tools to cut off claims is surveillance.  
Why do long-term disability insurance companies conduct surveillance? 
If medical records support that a claimant can’t work, an insurance…
Continue Reading I Think My Long-Term Disability Company is Surveilling Me – What Do I Do?

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 essential element of most employment lawsuits. Adverse employment actions are actions taken by an employer which materially change the terms and conditions of an employee’s work life, and do so in a way that places the employee in a…
Continue Reading Can You Sue Your Employer For Wrongful Termination Even If You Quit Your Job? This Legal Theory Says “Maybe.” 

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 discusses why these types of claims are so difficult, and provides information about what dentists specifically should keep in mind when they are purchasing STD/LTD policies,  applying for STD/LTD benefits, or facing a denial thereof.  
If the topics discussed in…
Continue Reading 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.

Courtroom And Gavel
Interior of an empty courtroom with gavel and sounding block on the desk.

Cincinnati Insurance Company v. James Ropicky, et al., No. 2023AP588, 2024 WL 5220615 (Wis. Ct. App. Dec. 26, 2024)

On December 26, 2024, the Court of Appeals of Wisconsin issued is decision in Cincinnati Insurance Company v. James Ropicky, et al., No. 2023AP588, 2024 WL 5220615 (Wis. Ct. App. Dec. 26, 2024), addressing whether an ensuing cause of loss exception to a Construction Defect Exclusion, Fungi Exclusion, and Fungi Additional Coverage endorsement contained in a homeowner’s insurance policy issued…
Continue Reading Wisconsin Appellate Court Interprets Construction Defect Exclusion and Fungi Exclusion

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
    • Bill Parsons
      • Super Lawyers: 2014-2024
      • Super Lawyers Rising Stars: 2010-2013
      • Super Lawyers Top 25 Lawyers in Madison: 2017, 2018
      • The Best Lawyers in America® 2023: Litigation – ERISA
      • The Best Lawyers in America® 2019
    • David Zoeller
      • Super Lawyers: 2017-2024
      • Super Lawyers Rising Stars: 2012-2016

…
Continue Reading 2024 Attorney Awards

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 other sources, provided you are not performing work in exchange for that income. For example, if you receive income from a private pension or retirement account, it will not reduce your SSDI benefits. However, the rules for SSI are different.  
 
In…
Continue Reading Understanding When Social Security Reduces Supplementary Security Income Benefits: Part 2 

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 question Social Security considers is whether the applicant is performing “substantial gainful activity.”  
What is Substantial Gainful Activity? 
Substantial Gainful Activity, or “SGA,” is a monthly wage amount that Social Security considers to be an earnings threshold for disability…
Continue Reading What is Social Security Looking for Anyway? The Sequential Evaluation Process – Step 1 

The 2018 Farm Bill made a significant change to the definition of “marijuana” by introducing a THC threshold. Specifically, it now requires a concentration of at least 0.3% Delta-9 THC on a dry weight basis for something to be considered marijuana. In simpler terms, if a plant—or any product derived from it—contains 0.3% Delta-9 THC or less, it’s not classified as marijuana and therefore, not illegal to possess.
What Does “Dry Weight Basis” Mean?
“Dry weight basis” might sound…
Continue Reading Understanding the 0.3% THC Threshold

The Federal Trade Commission (FTC) is following through on its promise to crack down on violations of consumers’ right to repair the products they buy. Back in July 2021, the FTC announced that it would ramp up enforcement against companies who unfairly prevented customers from fixing products themselves or choosing their own repair shops. In July 2022, it announced actions accusing Harley-Davidson and MWE Investments, LLC (a manufacturer of Westinghouse outdoor power equipment) of doing just that. Both…
Continue Reading FTC Gets Serious About Consumers’ Right to Repair Their Products

Now that the COVID-19 pandemic has subsided to some extent, banks and lenders are beginning to resume collections.  Further, as interest rates and inflation continue to rise, it is likely that the number of past due accounts will also rise.  One of the issues with collections are the slough of regulations that come with collections from consumers.  Consumer collections must be compliant with the Federal Fair Debt Collection Practices Act (the FDCPA), and in Wisconsin, the more stringent Wisconsin…
Continue Reading Consumer Collections in Wisconsin

Christmas grinch tree with red and gold toys, the top of the tree is tilted, poster, isolated. Vector 3d. Realistic

As we approach the holiday season, many marketing directors start to think about sending holiday items to clients such as a basket of cheese, a tin of popcorn, or a bottle of wine. In the insurance industry, this type of marketing activity is regulated as unfair inducements.

Unfair inducements, sometimes referred to as “rebating,” are a subset of unfair marketing practices. Under section 628.34(4) of the Wisconsin Statutes, no insurance company, employee, or intermediary may influence another person to…
Continue Reading How the Grinch Stole Your Holiday Gifts!