Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance
Subject: Rose M. Hanley v. LIRC, DWD, Case 17CV3322 (Wis. Cir. Ct., Milwaukee Co., April 25, 2018)
The commission held in its decision that Wis. Stat. § 108.04(12)(f), bars unemployment benefits to SSDI recipients in any week of any month a claimant receives SSDI payments. The claimant was denied unemployment benefits as of week 5 of 2017 based on her receipt of SSDI payments
Held: Affirmed by the circuit court. In its decision, the circuit court held the commission reasonably concluded that Wis. Stat. § 108.04(12)(f) bars unemployment benefits to any SSDI recipients, including the plaintiff. The circuit court reasoned that the relevant statute bars unemployment benefits to SSDI recipients because those benefits constitute a duplicate payment of another wage replacement benefit and FUTA (federal Unemployment Tax Act, 26 U.S.C.A. § 3304) permits states to reduce to zero the amount of unemployment payments payable to an individual based upon a "governmental pension, annuity or similar periodic payment." The circuit court further reasoned that these reductions do not violate the ADA (Americans with Disabilities Act).
Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.
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