Writing On Your Rights

An Educational Wisconsin Legal Blog from the Attorneys of Hawks Quindel, S.C.
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By: Hawks Quindel, S.C.

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Chris Donahoe
Carmen Lopez
Donnie Malchow
Gabriel Manzano Nieves
Timothy Maynard
Summer Murshid
Maeve Pirt Meyer
Rankings Rankings
Forrest Stewart
Naomi Swain
Brook Tylka
Jessa Victor
Lena Yeakey

Latest from Writing On Your Rights

If you applied for Social Security disability benefits, were denied, and did not appeal before the deadline, you may be wondering whether the Social Security Administration (SSA) can reopen your prior application. In some cases, SSA may accept a late appeal if you had good cause for missing the deadline. If the prior denial has already become final, however, reopening is a different legal process. Oftentimes, you will first have to file a new application and then persuade SSA…
Continue Reading Can I Reopen My Prior Social Security Disability Application?

The Social Security Administration (SSA) treats SSDI (Social Security Disability Insurance) benefits and SSI (Supplemental Security Income) benefits differently. If you receive SSDI benefits, SSA generally won’t reduce your benefits just because you live with a family member who has their own income. However, the rules for SSI are different.
In previous blog posts, we discussed how SSI beneficiaries might see their benefits reduced if they receive help paying for food and shelter, how to avoid such a …
Continue Reading Understanding When Social Security Reduces Supplementary Security Income Benefits: Part 3

Many LTD claimants whose claims get denied plan to handle an appeal on their own and then involve an attorney if the insurer denies their appeal. On the surface, it seems like a good way to save money on legal fees. In reality, it can be one of the most costly decisions in the entire process.
If your claim is governed by ERISA (the Employee Retirement Income Security Act of 1974)—which most employer-sponsored group LTD policies are—the evidence that…
Continue Reading Why Your Long-Term Disability Appeal May Decide Your Entire Case Before You Ever Get to Court

Multiple Sclerosis (MS) is a chronic medical condition that is characterized by brain fog, fatigue, muscle weakness, and many other debilitating symptoms that limit a person’s ability to function on a daily basis1. For many people living with MS, the hardest part can often be the uncertainty that follows. While symptoms can vary from person to person, these symptoms can often make sustained employment difficult. When that happens, employer-provided short- and long-term disability benefits plans may be necessary to…
Continue Reading Multiple Sclerosis and the Difficult Road to Long-Term Disability Benefits

Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS) is a serious medical condition that is characterized by severe fatigue, post-exertional malaise, sleep disturbances, and a range of other debilitating symptoms that can severely limit a person’s ability to work and participate in normal activities1. Unfortunately, those living with ME/CFS often have the difficult reality of proving the disabling effects of a condition that may not be noticeable to others in order to receive long-term disability (LTD) benefits.
Because a lot of the…
Continue Reading ME/CFS and Long-Term Disability Benefits: Understanding the Legal Challenges

Since we last posted about the First Amendment rights of employees in 2012, the law has remained relatively stable but social media has exploded. And for the last 14 years, courts have been trying to figure out how speech made online affects the legal analysis regarding the First Amendment rights of government employees.
For a primer on the First Amendment rights of government employees, go back and look at Attorney Summer Murshid’s post from 2012. However, here are…
Continue Reading Social Media Posts and the First Amendment Rights of Government Employees

Artificial Intelligence (“AI”) has taken the world by storm. It seems no matter where you turn, AI is being promoted for all kinds of uses. By way of example, the City of Milwaukee recently announced that they will be using AI to address the increasing number of potholes around the city. It has also become apparent that more and more people are seeking legal advice from generative AI tools such as OpenAI ChatGPT, Anthropic Claude, and Google Gemini. While…
Continue Reading Why Employees Should Proceed with Caution when Using AI to Vet Potential Claims Against Their Employers

If I were handed a stack of medical records and told that a disability insurance company denied this patient’s claim, I could often point to the exact appointment they relied on. More often than not, it would be the one that says: “Patient improving.”

This can be one of the most damaging phrases in a Long-Term Disability (LTD) claim. It might sound like a good thing, as everyone wants to improve. The problem is that disability insurance companies often…
Continue Reading How One Line in Your Medical Records Can Damage Your Long-Term Disability Claim

If you’ve been hurt at work, your focus should be on getting better. But what happens if the best treatment isn’t in Wisconsin or you move out of state while your worker’s compensation claim is still open? This is where things can get complicated.

Many injured workers assume they can treat wherever they want. Others worry they’ll lose benefits entirely if they leave the state. The truth is somewhere in the middle
Out-of-State Treatment is not Automatically Compensable
Under…
Continue Reading Can You Get Treatment in Another State for Your Wisconsin Work Injury? What You Need to Know About Out-of-State Medical Treatment for Worker’s Compensation Claims.

Wisconsin Act 29 is an important worker’s compensation law that makes it easier for certain first responders to bring PTSD claims. Before Act 29, Wisconsin law generally required employees with mental injury claims to prove that their PTSD or other psychological condition was caused by “unusual stress” beyond the ordinary stresses of the job. That standard was especially hard on firefighters and police officers, because even horrific events could be treated as “ordinary” parts of those professions. Act 29…
Continue Reading How Does Wisconsin Act 29 Help Firefighters and Police Officers With PTSD Claims?

If you have had a chronic condition that recently worsened, you might be wondering if your long-term disability (LTD) claim could be denied on the basis that your condition was pre-existing. Or, you might have already received a denial because the insurance company is saying your condition is pre-existing.

Many LTD policies do have pre-existing condition exclusions and they are a common reason used by insurance companies to deny claims. Being aware of these provisions can help you determine…
Continue Reading Can My Long-Term Disability Claim be Denied Because My Condition is Pre-Existing?

If you were hurt at work in Wisconsin, it is extremely frustrating to wait while the worker’s compensation insurance company “investigates” your claim. You may be missing paychecks, waiting for medical treatment, and wondering whether the insurer is allowed to simply ignore you. Unfortunately, Wisconsin worker’s compensation law does not give the insurance company one clear, universal deadline to finally approve or deny every claim. There is no simple rule that says the insurer must make a final decision…
Continue Reading How Long Does the Worker’s Compensation Insurance Company Have to Approve or Deny My Claim?

If you filed a Wisconsin worker’s compensation claim, you may be shocked when the insurance company starts asking for medical records that seem unrelated to your injury. For example, you may have injured your knee at work, but the insurance company wants records about your back, hip, ankle, or prior surgery. We understand why this feels invasive, unfair, and frustrating. Unfortunately, Wisconsin’s worker’s compensation system gives insurance companies broad rights to investigate and defend against claims, including the right…
Continue Reading Why Is My Worker’s Compensation Insurance Company Asking for Unrelated Medical Records?

Two recent cases under the Pregnant Workers Fairness Act (PWFA) and the PUMP Act provide an early look at how courts and juries are treating these relatively new protections. In both cases, employees prevailed—and recovered significant damages.
Pregnancy Accommodations Must Be Taken Seriously
In Tarango v. PermiaCare (W.D. Tex. 2026), an employee requested relatively modest pregnancy-related accommodations, including permission to wear different footwear and to work remotely after giving birth. Those requests were denied. The employee also experienced…
Continue Reading Early PWFA and PUMP Act Cases Show Strong Enforcement

If you’ve been scheduled for an Independent Medical Examination, or IME, you’re not alone in feeling uneasy about it. For many injured workers in Wisconsin, this is one of the most confusing and stressful parts of the worker’s compensation process.

You may be wondering why it’s happening, what the doctor is really looking for, and whether it could affect your benefits. The short answer is yes, it can affect your claim. But understanding how an IME works can help…
Continue Reading What to Expect at an Independent Medical Examination (IME) for a Wisconsin Worker’s Compensation Case

Settling a long-term disability (LTD) claim is often more complex than it first appears. Most people naturally focus on the settlement amount, since that is the most visible part of the agreement. However, every settlement also includes additional terms that define what rights are being resolved and what both sides agree to moving forward.

At first glance, these provisions can feel overwhelming or overly technical. In reality, they are a standard part of resolving an insurance claim. While they…
Continue Reading What to Expect When Settling a Long-Term Disability Claim