According to data provided by the Social Security Administration (SSA), approximately 2 million Americans apply for public disability benefits each year. All of these applications for Social Security benefits on the basis of disability go through the same five-step review process. This review process, also called the “sequential evaluation,” asks a series of questions, the answers to which determine whether the applicant qualifies for benefits.   Remember that, before even beginning to answer these questions in the sequential evaluation, Social Security first looks to see if an appli ..read more

In virtually any family court matter involving minor children, there is eventually a Guardian Ad Litem involved. Establishing a good relationship with the Guardian Ad Litem can be crucial to getting the outcomes you want, and avoiding major problems down the road. Put plainly, the Guardian Ad Litem opinion is often the most important one in a family court case involving minor children. What is a Guardian Ad Litem? A Guardian Ad Litem is an attorney, appointed by the Court to advocate for the ‘best interests’ of the minor child(ren). The Guardian Ad Litem has a client: the kids. The Guardian Ad ..read more

On April 23, 2024, the FTC released their long-awaited ban on non-compete agreements. It is the FTC’s position that non-compete agreements by their very nature limit competition. Under the FTC’s final rule, an employer cannot offer, enforce, or even tell an employee that they are subject to a traditional non-compete agreement. A traditional non-compete agreement prohibits an employee from competing within a particular geographic territory for a period of time post-employment. While the FTC ban is getting a lot of headlines, for a number of reasons, employees should view this Rule with caution ..read more

You appealed a denial of your Short- or Long-Term Disability claim. Now the insurance company is asking you to respond to a report from a doctor that they hired to review you records. You might be confused as to what is happening. Why does the insurance company want you to respond to this report? What kind of information should you provide? The Appeal Process If your Short- or Long-Term Disability Insurance company denied your claim, you may have filed an appeal on your own. If your insurance policy was provided through your employer and you are not employed by a government employer or church ..read more

If your long-term disability (LTD) insurer has rendered a final denial regarding your claim for benefits such that you are unable to file any more appeals to the insurer, you have “exhausted your administrative remedies” under the plan. This means your next step is likely filing a lawsuit against the insurer for wrongfully denying your benefits under 29 U.S.C. § 1132(a)(1)(B). After the lawsuit has been filed, and while the case is pending at court, it’s common for the parties to engage in settlement discussions to see if a resolution can be reached without the need for protracted litigation ..read more

You appealed a denial of your Short- or Long-Term Disability claim. Now the insurance company is asking you to respond to a report from a doctor that they hired to review you records. You might be confused as to what is happening. Why does the insurance company want you to respond to this report? What kind of information should you provide? The Appeal Process If your Short- or Long-Term Disability Insurance company denied your claim, you may have filed an appeal on your own. If your insurance policy was provided through your employer and you are not employed by a government employer or church ..read more

If your long-term disability (LTD) insurer has rendered a final denial regarding your claim for benefits such that you are unable to file any more appeals to the insurer, you have “exhausted your administrative remedies” under the plan. This means your next step is likely filing a lawsuit against the insurer for wrongfully denying your benefits under 29 U.S.C. § 1132(a)(1)(B). After the lawsuit has been filed, and while the case is pending at court, it’s common for the parties to engage in settlement discussions to see if a resolution can be reached without the need for protracted litigation ..read more

The Wisconsin Fair Employment Act (Wis. Stat. § 111.321) prohibits employers from discriminating against prospective or current employees because of their arrest and/or conviction records. That seems simple enough. But the reality is a lot more complicated. Below are some frequently asked questions concerning employment actions in relation to arrest and conviction records. Can my current employer suspend me because I got arrested? It depends. If an employee is arrested while also employed, but has not been charged with or convicted of anything, the employer cannot simply send them home. Rather ..read more

Attorney Brandon Jubelirer recently prevailed in securing duty disability survivors benefits for the widow of a firefighter who passed away from a rare form of cancer known as cholangiocarcinoma in 2012. On appeal, the Labor and Industry Review Commission found the applicant’s cancer to be work-related, reversed the decision of the Administrative Law Judge, and ordered benefits to be paid to Attorney Jubelirer’s client. A link to the decision can be found here. If you or someone you know needs assistance in obtaining duty disability benefits, contact Attorney Jubelirer online at www.hq-law.com ..read more

Employers will sometimes ask or pressure employees to lie about the cause of a workplace injury. For example, they may tell an employee to tell their doctor that they were hurt while fixing the roof of their own home, when the truth is that they fell off of a roof while they were performing roofing work for their employer.   Employers often ask or pressure employees to lie about the cause of their workplace injury to avoid having their insurance premiums increased by their worker’s compensation insurance carriers. They may promise an injured employee that they will cover all medical costs ..read more