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

GEORGE W NICHOLSON, Employe

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00603638MW

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, as of week 1 of 2000, benefits otherwise payable for any week of partial or total unemployment are reduced by $90.70. The employe is required to repay the sum of $592 to the Unemployment Reserve Fund. No waiver for the overpayment of benefits is allowable.

Dated and mailed July 21, 2000
nichoge2.usd : 145 : 5  UW 980

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In his petition for commission review the employe asserts that he believes that the ALJ erred in finding that social security disability payments were a pension. The department however, has considered social security disability payments as pension payments because the amount received is based on work performed. While the employe is not retired, it is the character of the payments that result in his disability payments being deductible.

The employe further asserts that his overpayment was the result of department error, because he was not specifically informed that his disability payments would be treated as a pension. However, the employe was not eligible for all the benefits he received because he has this pension. The employe was paid benefits based on information available to the department at the time. This is not department error, that would result in a waiver of the overpayment.

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