STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)


LEE P ROFFERS, Claimant

UNEMPLOYMENT COMPENSATION DECISION
Hearing No. 97401592AP


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, in weeks 23 through 30 of 1997, there is no reduction of the claimant's benefit eligibility based on Social Security benefits. In week 31 of 1997, benefits otherwise payable are reduced by $18.14. Additionally, as of week 32 of 1997, benefits otherwise payable for any week of partial or total unemployment are reduced by $63.47.

Dated and mailed: December 2, 1997
roffele.usd : 105 : 2 UW 980

/s/ Pamela I. Anderson, Chairman

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

The claimant asserts in his petition for review that he is not receiving social security benefits such as would justify the reduction that is occurring to his unemployment benefit entitlement. The record in the case indicates, though, that the claimant was entitled to receive social security benefits beginning in August of 1997 but that, due to a mistake by the Social Security Administration, he received his August-November benefits in January-April.

The unemployment compensation law requires offset for pension payments such as social security, which are either actually or constructively received by the claimant. Wis. Stat. § 108.05 (7)(g) defines what it means for a pension payment to be constructively received. An application for the payment must have been filed by or on behalf of the claimant, and the claimant must have been given notice from the retirement system in question of his or her entitlement to the payment and the amount thereof. In this case, the claimant has at a minimum constructively received social security benefits beginning in August of this year. For these reasons, and those stated in the appeal tribunal decision, the commission has affirmed that decision.

cc: JANE ROALKVAN
C/O SOCIAL SECURITY ADMINISTRATION


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