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
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Long-Term Disability Benefits Can Help After an Injury, Even While a Personal Injury Case Is Pending
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
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How Long Do Long-Term Disability Benefits Last?
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
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Indiana Court of Appeals Reaffirms Holistic Approach to Grave Disability Determinations
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
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Indiana Supreme Court Reaffirms Mootness Standard in Temporary Civil Commitment Appeals
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
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Short-Term and Long-Term Disability Benefits for Pregnancy and Postpartum Complications
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
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I have a disability, but I am working. Am I eligible for SSDI?
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
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Don’t Let The Insurance Company Downplay Your Migraines: How to Prove Your Long-Term Disability Claim
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
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Knowing the Intersection of Settlements and Public Benefits
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
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Indiana Court of Appeals Holds Repeated Threats and Disorientation Establish Dangerousness and Grave Disability
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
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Disabled by Alcohol Use Disorder? You Might be Eligible for Short- or Long- Term Disability Benefits
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
Long-Term Disability and Long COVID: Science Is Finally Catching Up
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
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Indiana Court of Appeals Emphasizes Trial Court’s Role in Credibility Determinations for Grave Disability Findings
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
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Advocating for Students with Disabilities: IDEA Basics for Wisconsin Attorneys
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,
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Class representatives for the Wisconsin SSDI eligibility ban case
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.
- Democrats’ bill would repeal ban on jobless pay for SSDI recipients
- Judge orders back payments to disabled Wisconsinites denied
Continue Reading Class representatives for the Wisconsin SSDI eligibility ban case
Indiana Court of Appeals Holds Hospital Recidivism Coupled with Medication Noncompliance May Establish Grave Disability
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