Disability Law

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When Migraines Become Disabling
Migraines are one of the most common neurological conditions in the world, yet they are also one of the most misunderstood. Far beyond a “bad headache,” migraines can cause severe pain, visual changes, nausea, dizziness, brain fog, light and sound sensitivity, and an inability to manage even simple tasks, let alone maintain full-time employment.

For individuals with chronic migraines, defined as 15 or more headache days per month, the impact on daily functioning can be…
Continue Reading Don’t Let The Insurance Company Downplay Your Migraines: How to Prove Your Long-Term Disability Claim

As a new lawyer handling (what I assumed was) an easy settlement disbursement meeting on a small personal injury case, I vividly recall learning that the client was on Supplemental Security Income (SSI), and then leaving the room to ask one of our firm’s estate planning and elder law attorneys, “Is this going to be an issue?”

Aside from having the good – and increasingly rare – fortune of being part of a general practice firm where I could…
Continue Reading Knowing the Intersection of Settlements and Public Benefits

The Indiana Court of Appeals (the “Court”) upheld the trial court’s Order for Regular Commitment because sufficient evidence supported the finding that the patient, B.C., was both dangerous and gravely disabled. In re: the Civil Commitment of B.C., No. 25A-MH-303, 266 N.E.3d 304 (Ind. Ct. App. 2025).
Background
B.C., diagnosed with schizophrenia, was incarcerated in May 2024. During his incarceration, he went extended periods without eating or drinking, which ultimately led to his hospitalization and subsequent transfer to the…
Continue Reading Indiana Court of Appeals Holds Repeated Threats and Disorientation Establish Dangerousness and Grave Disability

For many years, alcohol use disorder (AUD) was often viewed as a matter of poor choices or a lack of willpower. Today, medical research makes it clear that this isn’t the case—AUD is a medical condition, not a moral flaw. Like other medical conditions, it can cause difficulty in daily functioning, leading to cravings, compulsive behaviors, and impaired control over drinking. These symptoms can interfere with daily life, relationships, and the ability to work.
What is Alcohol Use Disorder?
Continue Reading Disabled by Alcohol Use Disorder? You Might be Eligible for Short- or Long- Term Disability Benefits

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Understanding Long-Term Disability and COVID-19
Long-term disability (LTD) insurance is supposed to help when you can’t work because of an illness or injury. But for many people who are still suffering from the lasting effects of COVID-19, getting those benefits has been an uphill battle. Too many insurers are denying legitimate claims, leaving people struggling not only with their health but also their finances.
When Returning to Work Isn’t Safe
We represent people whose careers have been derailed by…
Continue Reading Long-Term Disability and Long COVID: Science Is Finally Catching Up

The Indiana Court of Appeals (the “Court”) in In re: the Civil Commitment of J.A. upheld the trial court’s Order for Temporary Commitment, holding sufficient evidence supported the trial court’s finding that J.A. was gravely disabled and unable to function independently outside of the hospital setting. In re: the Civil Commitment of J.A., No. 25A-MH-528, 260 N.E.3d 231 (Ind. Ct. App. 2025). The Court also emphasized it would not reweigh evidence or assess witness credibility on appeal, despite J.A.’s…
Continue Reading Indiana Court of Appeals Emphasizes Trial Court’s Role in Credibility Determinations for Grave Disability Findings

The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the United States and ensures special education and related services to those children.

Those who work with children in the court system should understand the basics from IDEA so that they can support families in accessing crucial educational services and promote a child’s educational stability.
Child Find and FAPE
Among other requirements within the IDEA,…
Continue Reading Advocating for Students with Disabilities: IDEA Basics for Wisconsin Attorneys

Information about the class representatives and how to obtain unemployment benefits that are due disabled workers because of Wisconsin’s illegal SSDI eligibility ban is now available.

Besides this guidance, make sure to review the Department’s well done information about how to obtain the unemployment benefits that are due you.

Recent press coverage of the case is available.

…
Continue Reading Class representatives for the Wisconsin SSDI eligibility ban case

The Indiana Court of Appeals (the “Court”) in In re Commitment of G.J. emphasized the significance of hospital recidivism and catatonia as evidence and upheld the trial court’s Order for Temporary Commitment. No. 24A-MH-3101, 2025 WL 2438216 (Ind. Ct. App. 2025).
Background
G.J., diagnosed with schizophrenia, presented with symptoms of catatonia and periods of psychosis. She initially stated she would continue taking her medication outside the hospital, but also expressed she did not believe she needed medication. Although G.J.
Continue Reading Indiana Court of Appeals Holds Hospital Recidivism Coupled with Medication Noncompliance May Establish Grave Disability

Filing a long-term disability (LTD) claim can be an overwhelming process. Even individuals familiar with other related areas of law like Social Security Disability (SSDI) and worker’s compensation are often surprised at how LTD benefits are structured and how many parts of the process work. Insurance carriers rely heavily on policy language and legal standards that favor them, and what may seem straightforward at first often becomes complex once the fine print is applied. 

At Hawks Quindel, our long-term…
Continue Reading Five Common Surprises About Long-Term Disability Benefits

If you have been hurt at work in Wisconsin, you may be wondering if you can get compensated for your pain and suffering. Unfortunately, Wisconsin worker’s compensation law does not provide claims for pain and suffering. However, it is important to be aware of the claims that you can pursue under worker’s compensation and when a different claim may arise.
There is No Claim for “Pain and Suffering” Under Wisconsin Worker’s Compensation Law
Wisconsin’s worker’s compensation system is designed…
Continue Reading Pain and Suffering in Wisconsin Work Injuries: Understanding Your Compensation Options

When most people think of a work injury, they imagine a sudden accident: a fall, a machine malfunction, or something sharp that causes immediate harm. But not all work injuries happen in a single moment. Some develop slowly over time from doing the same tasks day in and day out. In Wisconsin, those gradual wear-and-tear injuries are just as valid under worker’s compensation law. 

 
Two Types of Work Injuries: Sudden vs. Over Time 
Wisconsin law recognizes two kinds of…
Continue Reading Think You’re Just Worn Out from Work? It Might Be a Worker’s Compensation Injury

When a loved one is diagnosed with Creutzfeldt-Jakob Disease (CJD), life changes in an instant. This extremely rare and aggressive neurodegenerative illness progresses rapidly, leaving families grappling with profound emotional shock while facing an avalanche of practical demands. Between providing care, making end-of-life arrangements, and trying to understand complex insurance policies and benefits, it can feel like you’re navigating an impossible maze at the very moment you have the least capacity to do so. Our hope is that this…
Continue Reading Filing for and Claiming Disability & Survivor Benefits After a CJD Diagnosis

Introduction to FMLA Leave 
 As an employee in Wisconsin, your employer might offer you different types of leave from work—think PTO, vacation, sick, medical leave, parental leave, bereavement, leave without pay, to name a few. If your employer has 50+ employees, you might be covered for medical- or family-related leave under state and/or federal “Family and Medical Leave Act” (FMLA) laws. State and federal FMLA laws allow covered employees to take unpaid medical and/or family leave and also protects…
Continue Reading What Is “FMLA”? And Can I Use It?

Most people know that they can file a worker’s compensation claim if they have a physical injury resulting from work. But what if you have mental health symptoms that are work-related? You might be wondering if you have a worker’s compensation claim relating to a work situation that caused mental health symptoms like anxiety, depression, or post-traumatic stress disorder (PTSD). This blog post will break down the general rules for mental health worker’s compensation cases in Wisconsin and other…
Continue Reading Invisible Injuries, Real Claims: Mental Health and Worker’s Compensation Claims in Wisconsin

Do I Get Medicare on SSDI? 
If you are approved for Social Security Disability (SSD) benefits, then you have already proven to the federal government that you suffer from disabling health conditions that likely require extensive medical treatment. Health insurance plays an integral role in ensuring that disabled individuals are able to pay for the care they need. Many individuals on SSD benefits are wondering if they get Medicare as part of their benefits. The answer is often yes,…
Continue Reading Do I Get Medicare on SSDI?