Wisconsin has stopped blocking laid-off workers who receive disability benefits from collecting unemployment insurance — a response to court rulings that the practice violated federal discrimination law.
Now U.S. District Judge William Conley will consider whether and how the state should compensate workers for past denied claims. Attorneys representing the state and affected workers plan to propose remedies ahead of a hearing on Wednesday.
The state law in question prevented recipients of Social Security Disability Insurance (SSDI) — a monthly benefit for people with disabilities who have worked and paid into Social Security — from collecting unemployment insurance after losing work.
In proposing the law under Gov. Scott Walker in 2013, Republican lawmakers claimed that simultaneously collecting disability and unemployment benefits represented “double dipping” that “may constitute fraud.”
Conley ruled in July 2024 that the law violated the Americans with Disabilities Act and the Rehabilitation Act, citing its “disparate impact on disabled workers seeking unemployment insurance benefits.”
But the ruling was not immediately implemented. The state’s Department of Workforce Development continued denying unemployment claims until Conley ordered it to stop in July.