SSDI And Unemployment: Not In Wisconsin

Collecting Social Security disability benefits and unemployment benefits at the same time might sound contradictory because unemployment benefits are for workers who have lost a job through no fault of their own and Social Security Disability Insurance (SSDI) is for people who suffer from impairments that limit their ability to work, but it’s just not that simple.

Although many people who have been found disabled by Social Security are unable to work at all, some are able to work on a limited basis and there is nothing wrong with this under Social Security’s rules. The rule states that anyone who has been found medically disabled by the agency, which has very stringent guidelines of finding someone disabled, is entitled to SSDI benefit as long as they are not working and earning less than what Social Security considers Substantial Gainful Activity, less than $1,260 in gross income. Many people who are receiving SSDI are able to work on a limited basis, but not fulltime. There is no reason people in this situation should be prevented from collecting unemployment benefits, especially during the COVID-19 pandemic, but that is exactly what the state of Wisconsin is doing.

This recent article from the Sun Prairie Star points out that the state of Wisconsin passed a bill in 2013 that would not allow residents to collect unemployment benefits and SSDI benefits at the same time even though people meet the individual eligibility requirements for both programs. The article also highlights that just one other state, North Carolina, operates the same way.

We are sure these issues have been brought up by disability activities and people who are unfairly prevented from life-sustaining income in these states before due to these laws, but it becomes even more egregious during a time when millions of Americans are out of work due to the pandemic. The only difference is most  people out of work have qualified for unemployment benefits when they lost their jobs, but SSDI recipients are left out in the cold.

The feature of the person in the article, who has been impacted by Wisconsin’s unjust law, has sought legal assistance and is fighting this denial with a group of about 20 other people who have been denied unemployment benefits because they are receiving SSDI.