Disability Law

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Divorce can be difficult for any family. When a child has special needs, there can be more questions:

How will care be shared between households?

How will therapy, schooling, and medical needs be handled?

What happens if one parent has been primarily responsible for those routines?

What if parents disagree regarding education, treatment interventions, or medical care?

These are not issues that fit neatly into a standard parenting arrangement.

Divorce involving a child with special needs often requires more…
Continue Reading How Divorce Affects Special Needs Children and Support Services in Wisconsin

According to the World Health Organization, low back pain is the leading cause of disability worldwide. With the prevalence of this condition, many people are living and working through their pain. However, you may reach the point where you are simply no longer able to continue working because of your condition, despite your best efforts. If you have a short- or long-term disability insurance policy through your employer, you might be wondering if your condition qualifies for benefits. Back…
Continue Reading When Back Pain Stops You from Working: Navigating Long-Term Disability Claims

If you have been receiving long term disability (LTD) benefits, you have probably received a letter from your insurance company telling you to apply for Social Security Disability Insurance benefits, also known as SSDI. They may have offered to connect you with a service to help with this application.

You might be wondering why the insurer cares so much about whether you apply for SSDI. The short answer is that it usually saves the insurance company money. However, applying…
Continue Reading Why Long Term Disability Insurers Require You to Apply for SSDI (And How It Affects You)

Employees who need to take time off from work due to a medical condition often find themselves confused about the various types of leave available to them. With a whole array of different acronyms (FMLA, STD, LTD, PTO, LWOP, etc.) swirling around HR documents, approvals or denials from leave administrators, and seemingly contradictory communications from different sources, it’s very easy to feel totally overwhelmed and lost at a time when you are already experiencing some stressful health-related life event.
Continue Reading What is the Difference between FMLA and STD/LTD Leave?

Ensuring compliance with the Americans with Disabilities Act (ADA) and state-level disability laws, which require covered employers to provide reasonable accommodations to qualified employees with disabilities unless doing so imposes undue hardship, remains a critical employer obligation. Despite decades of established guidance, ADA accommodation issues continue to drive a significant volume of claims and enforcement actions from the Equal Employment Opportunity Commission (EEOC) and state agencies. These disputes often arise not because employers refuse or are unable to provide…
Continue Reading Mistakes Employers Make During the ADA Accommodation Process and How toAvoid Them

After a serious injury, it’s common to focus on the immediate aftermath: medical care, lost work, and possibly a personal injury claim. But what happens if the injury prevents a return to work for weeks, months, or the foreseeable future?

That’s where short- and long-term disability (S/LTD) insurance claims become essential.

If you were covered under either an individually purchased or employer-provided S/LTD policy as of the time of your injury, you may be eligible to file a disability…
Continue Reading Long-Term Disability Benefits Can Help After an Injury, Even While a Personal Injury Case Is Pending

As the name suggests, long-term disability benefits are supposed to last for the long term. But what does that actually mean? If you’re facing a serious injury or illness, the length of time you can count on benefits is one of the first questions you’ll want answered.
First, Consult Your Policy
Every long-term disability (LTD) policy is a bit different. The “plan documents,” or full terms of the policy, will spell out your policy’s specific rules for how long…
Continue Reading How Long Do Long-Term Disability Benefits Last?

The Indiana Court of Appeals (the “Court”) recently affirmed a trial court’s finding of grave disability, reiterating two settled principles: (1) no single fact can establish grave disability; and (2) courts must evaluate the totality of the circumstances. The Court also confirmed that past conduct with a nexus to the patient’s current condition may have evidentiary value. In re: Civil Commitment of K.M., 270 N.E.3d 506 (Ind. Ct. App. 2025).
Background
K.M., who has a documented history of mental…
Continue Reading Indiana Court of Appeals Reaffirms Holistic Approach to Grave Disability Determinations

The Indiana Supreme Court (the “Court”) upheld a trial court’s Order for Temporary Commitment, reaffirming the new mootness standard for temporary civil commitment appeals first established earlier this year in In re Commitment of J.F., 256 N.E.3d 1260 (Ind. 2025). In re Commitment of M.C., 262 N.E.3d 836 (Ind. 2025).
Background
In J.F., the Court held that an appeal from a temporary civil-commitment order does not become moot merely because the order has expired. See In re Commitment of…
Continue Reading Indiana Supreme Court Reaffirms Mootness Standard in Temporary Civil Commitment Appeals

What to know if childbirth recovery, postpartum depression, or anxiety keeps you from returning to work
Pregnancy and childbirth are often described as joyful milestones—but they can also bring unexpected medical challenges. For many working parents, short-term disability (STD) insurance provides critical income replacement during pregnancy and recovery after birth. Unfortunately, people are often unaware that disability benefits don’t have to end simply because the “standard” recovery period has passed. When complications arise, benefits can frequently be extended, and…
Continue Reading Short-Term and Long-Term Disability Benefits for Pregnancy and Postpartum Complications

The reality for many individuals with severe disabilities is that they cannot afford to stop working altogether while waiting for their Social Security Disability Insurance (“SSDI”) application to be processed. The SSDI process can be lengthy and, if a claim is denied at both the initial and reconsiderations stages, it may take years to reach the hearing stage. For some claimants, more than two years can go by before a final decision is made which can be unreasonably long…
Continue Reading  I have a disability, but I am working. Am I eligible for SSDI?

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