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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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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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
Advisory Council agreed-on bill does little to nothing for workers or anyone else
The Unemployment Insurance Advisory Council has been meeting for most of 2025 over Department proposals and then proposals from the labor and management representatives.
After the Sept. 18th meeting ended, council members apparently reached agreement, because on the morning of Sept. 24th LRB drafts of agreed-on bills were ready for review by council members.
Note: The minutes of the Sept. 18th meeting show that council members went to caucus and did not return from that caucus to announce
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Five Common Surprises About Long-Term Disability Benefits
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
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Pain and Suffering in Wisconsin Work Injuries: Understanding Your Compensation Options
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
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Filing for and Claiming Disability & Survivor Benefits After a CJD Diagnosis
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
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What Is “FMLA”? And Can I Use It?
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
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Invisible Injuries, Real Claims: Mental Health and Worker’s Compensation Claims in Wisconsin
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
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Do I Get Medicare on SSDI?
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,
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D.C. Court of Appeals Joins Prohibition on Pro Se Pursuit of FCA Claims
In United States ex rel. Feliciano v. Ardoin, a pro se relator filed a qui tam action under the False Claims Act (“FCA”). On February 4, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s dismissal ruling that a pro se litigant cannot allege violations of the FCA. In doing so, the Court joined every other court of appeals to have addressed the question.
Background
The FCA, codified at 31 U.S.C. §§ 3729-3733, empowers
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Will Cuts to the Social Security Administration Impact my Private Long Term Disability Benefits?
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
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How Much Can I Receive in Social Security Back 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
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What is a Medicare Set-Aside Agreement
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,
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How Using Photos in Your LTD Case Can Strengthen Your Claim
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
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I Think My Long-Term Disability Company is Surveilling Me – What Do I Do?
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
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