Unemployment Insurance Program

State Disqualification based on receipt of SSDI benefits

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Description :

Wisconsin is one of very few states that disqualify UI claimants from receiving any UI benefits if they also receive any SSDI benefits. Wis. Stat. § 108.04(12)(f). Wisconsin does this by equating the UI standard of being "able and available" for work with the SSDI standard of being able to engage in "any substantial gainful activity." In fact, however, the two standards are not the same. Under current Social Security Administration rules, for example, only someone who earns more than $1,310 per month is regarded as engaging in "substantial gainful activity" and is for that reason ineligible to receive SSDI benefits; a person with a qualifying disability who is working but earns less than that amount is eligible to receive SSDI benefits. But in Wisconsin, a working person with a disability is ineligible for any UI benefits because he or she is receiving some SSDI benefits. DOL should apply Title II of the ADA, Section 504 of the Rehabilitation Act, and Section 503(a)(1) of the Social Security Act to stop Wisconsin (and other states, if there are any) from depriving eligible claimants with disabilities of the UI benefits to which they are entitled under federal law.



11 votes
12 up votes
1 down votes
Idea No. 89