Contracts

RSS Link

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 only you could get ethics credit for reading this post.

For years, the estate of Leonard Cohen has been embroiled in litigation involving Cohen’s former attorney-turned-manager, and the law firm that allegedly forged trust documents in order to bestow power upon that individual. The saga continues, with a new lawsuit accusing the firm of malpractice. Read the details at your leisure and, misconduct aside, contemplate the inherent conflict of an artist’s attorney also serving as the artist’s manager.
Continue Reading Arts and Entertainment Law: Attorney as Manager?

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.

A recent appellate court opinion out of New Jersey, McGinty v. Zheng (Sept. 20, 2024), which addressed issues surrounding arbitration agreements in the context of personal injury claims, sparked my interest.

The McGinty case is a pivotal example of how courts are interpreting arbitration agreements in the digital age, and serves as a significant reminder for lawyers about the enforceability of arbitration clauses and the implications of user agreements in digital platforms.

Teresa Kobelt, U.W. 1988, is an…
Continue Reading A New Jersey Case and the Insidiousness of Arbitration Agreements

A recent Wisconsin Court of Appeals case complicates residential leases by applying the Wisconsin Consumer Act (WCA) to residential leases and uniquely calculating pecuniary loss under Wis. Stat. section 100.20(5) for a violation of Wis. Admin. Code § ATCP 134.08(10).

The case is Koble Investments v. Marquardt.1 A petition to review the decision is currently pending before the Wisconsin Supreme Court.

Landlords and tenants alike should be aware of its holding, as it has the potential to significantly…
Continue Reading Koble Investments, the Wisconsin Consumer Act, and Residential Leases

In April 2017, the Wisconsin Supreme Court, acting in response to a request of the Business Court Advisory Committee, established a pilot large claim commercial case docket for the assignment of commercial cases. The purposes of the pilot commercial court (which some refer to as the business court) were
to ensure that large claim cases involving Wisconsin employers or businesses, or which involve complicated disputes, are resolved expeditiously and with the least amount of cost so as to (a)…
Continue Reading Contracting for Dispute Resolution After the End of Wisconsin Commercial Courts

The economic loss doctrine is a judicially created rule that prevents parties from pursuing tort claims, such as negligence or misrepresentation, when the only damages they have suffered are financial in nature and stem from a breach of contract.

The doctrine aims to maintain the distinct boundaries between contract law and tort law, ensuring that contractual remedies are used to address economic losses arising from agreements between parties.
Development Through Case Law
Wisconsin’s economic loss doctrine is among the…
Continue Reading A Deep Dive into Wisconsin’s Economic Loss Doctrine

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 Federal Trade Commission (“FTC”) has filed an appeal of the Texas ruling that halted enforcement of the proposed rule banning noncompete agreements (the “Rule”). The Rule, which was set to go into effect last month, has been halted nationwide since August 20, 2024. For more information on the Rule and its effects, see our previous KEW Tip, Last Minute Ruling Saves Noncompetes.

In August, a Texas federal court decided a challenge to the proposed Rule in Ryan LLC,…
Continue Reading FTC Files Appeal to Save Noncompete Ban