Wis.LIRC UC Decision: Hanley, Rose M. - April 7, 2017 - The original version of Wis. Stat. § 108.04(12)(f) as enacted by 2013 Wisconsin Act 36, and a circuit court case interpreting that provision. Wis. Stat. § 108.04(12)f) was amended to indicate that an individual is ineligible for benefits for each week in the entire month he or she received social security disability payments, with special rules for the first month an SSDI payment is issued to the claimant. This case has been affirmed by the circuit court in Milwaukee County Circuit Court Case No. 17CV3322, April 25, 2018.

State of Wisconsin

Labor and Industry Review Commission


Rose M Hanley	Unemployment Insurance Decision[1]
Employee

No Employer
Employer	Dated and Mailed:

Hearing No.17600677MW	April 7, 2017
Hearing No.17600677MW

The commission modifies and affirms the findings and conclusions of the appeal ·tribunal decision. Accordingly, the claimant is ineligible for benefits for week 5 of 2017, and for each week in a month in which an SSDI payment is issued to the claimant.

By the Commission:

/s/

Laurie R. McCallum, Chairperson

/s/

David B. Falstad, Commissioner

Procedural Posture

This case is before the commission to consider the claimant's eligibility for unemployment insurance benefits. An administrative law judge (ALJ) for the Unemployment Insurance Division of the Department of Workforce Development held a hearing and issued a decision. A timely petition for commission review was filed. The commission has considered the claimant's petition, and it has reviewed the evidence submitted at the hearing. Based on its review, the commission makes the following:

Findings of Fact and Conclusions of Law

1. The claimant began receiving social security disability insurance (SSDI) payments in 2012. She receives a single payment on the third Wednesday of each month.

2. The claimant initiated her most recent benefit claim in week 5 of 2017.

3. The claimant is ineligible for benefits for week 5 of 2017, and for each week in a month in which an SSDI payment is issued to the claimant.

Memorandum Opinion

2013 Wisconsin Act 36 created Wis. Stat. § 108.04(12)(f) which provided that an individual who receives SSDI benefits in a given week is ineligible for unemployment benefits paid or payable in that same week. 2015 Wisconsin Act 334 clarified that a claimant who receives a monthly SSDI payment is disqualified from receiving unemployment benefits for each week of that month:

(f) lm. The intent of the legislature in enacting this paragraph is to prevent the payment of duplicative government benefits for the replacement of lost earnings or income, regardless of an individual's ability to work.

2m. In this paragraph, "social security disability insurance payment" means a payment of social security disability insurance benefits under 42 USC ch. 7 subch. II.

3. a. Except as provided in subd. 3. b. to d., an individual is ineligible for benefits under this chapter for each week in the entire month in which a social security disability insurance payment is issued to the individual.

b. In the first month a social security disability insurance payment is first issued to an individual, the individual is ineligible for benefits under this chapter· for each week beginning with the week the social security disability insurance payment is issued to the individual and all subsequent weeks in that month.

c. Following a cessation of social security disability insurance payments to an individual and upon the individual again being issued a social security disability insurance payment, the individual is ineligible for benefits under this chapter for each week beginning with the week the social security disability insurance payment is issued to the individual and all subsequent weeks in that month.

d. Following cessation of social security disability insurance payments, an individual may be eligible for benefits under this chapter, if otherwise qualified, beginning with the week following the last Saturday of the month in which the individual is issued his or her final social security disability insurance payment.

4. Information that the department receives or acquires from the federal social security administration regarding the issuance of social security disability insurance payments is considered conclusive, absent clear and convincing evidence that the information was erroneous.

The claimant states in her petition that she feels that she is being discriminated against because of her disability. The claimant argues that disabled individuals are encouraged to be active in the labor market and should be afforded the same benefits as other workers who suffer a job loss through no fault of their own.

However, the language of the statute, as it has been created by the legislature, requires the result reached. The commission is required to apply the statute as it is written and has no authority to deviate from its plain language. While such language results in a decision adverse to the claimant, this reflects the legislature's intent in cases such as these.

Note: The commission modified the ALJ's decision because the ALJ set forth the original version of Wis. Stat. § 108.04(12)(f), as enacted by 2013 Wisconsin Act 36, and a circuit court case interpreting that provision. Wis. Stat. § 108.04(12)(f) as amended by 2015 Wisconsin Act 334 is effective retroactive to January 5, 2014.

(Affirmed in Milwaukee County Circuit Court Case No. 17CV3322, dated April 25, 2018.) [Summary of Circuit Court Decision.]

[1] Appeal Rights: See the blue enclosure for the time limit and procedures for obtaining judicial review of this decision. If you seek judicial review, you must name the following as defendants in the summons and the complaint: the Labor and Industry Review Commission, all other parties in the caption of this decision or order (the boxed section above), and the Department of Workforce Development.

Appeal rights and answers to frequently asked questions about appealing an unemployment insurance decision to circuit court are also available on the commission's website, http://lirc.wisconsin.gov.