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By: Hawks Quindel, S.C.

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Latest from Hawks Quindel SC

Worker in High-Visibility Vest Experiencing Back Pain in Industrial Setting

If you’ve been injured at work in Wisconsin, you’ve probably heard the term “end of healing” or “EOH” — maybe from your doctor, your employer, or the insurance company. But what does it really mean for you and your benefits? 

Simply put, EOH (also called maximum medical improvement or MMI) is the point where your doctor believes your condition has improved as much as it’s going to in the foreseeable future. It doesn’t mean you’re back to normal, pain-free,…
Continue Reading What Does ‘End of Healing’ Really Mean in Wisconsin Worker’s Compensation?

The Wisconsin Fair Employment Act prohibits discrimination based on an employee or prospective employee’s arrest and conviction record. However, an arrest or conviction record can still create a significant employment barrier for individuals. Wisconsin law allows some individuals to seek relief from the collateral consequences of certain arrests and convictions through pardons, expungement, and arrest record removal. 

 
Pardons 
Article V, section 6 of the Wisconsin Constitution grants the governor the exclusive authority to grant pardons, except in cases of…
Continue Reading Overcoming Employment Barriers: Pardons, Expungement, and Arrest Record Removal in Wisconsin

Safety first.
Ümit Yıldırım, Unsplash

If you’re getting Long-Term Disability (LTD) benefits, you might wonder: can I work part-time when I’m on Long-Term Disability?  

The answer is usually yes! Long-Term Disability policies are all different and so it’s important to consult the terms of your specific policy (also called the “plan documents.”) If you don’t have a copy of the policy terms, you should be able to obtain them from either the Long-Term Disability insurance company or your employer. The plan documents are usually…
Continue Reading The Hidden Dangers of Working Part-Time While on Long-Term Disability

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 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.

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