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  • November 1, 2025

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After Court Ruling, Some 13,000 Disabled Wisconsin Workers Notified They may be Eligible for Backpay

November 1, 2025

The Wisconsin Department of Workforce Development building is shown in downtown Madison, Wis. (Steven Potter / WPR)

By Brittany Carloni 
Wisconsin Watch

This story was originally published by Milwaukee Neighborhood News Service, where you can find other stories reporting on fifteen city neighborhoods in Milwaukee. Visit milwaukeenns.org.

About 13,000 disabled workers previously declared ineligible for unemployment insurance are being sent mailed notices from the Wisconsin Department of Workforce Development notifying them they might be eligible for past benefits, worth potentially hundreds to thousands of dollars per person.

The DWD began processing nearly 10 years worth of unemployment claims from individuals who, under a 2013 state law, were previously declared ineligible for those benefits due to simultaneously receiving Social Security Disability Insurance (SSDI). But last year a court struck down that law.

That means thousands of people could receive financial compensation if they were either denied unemployment benefits or ordered to repay benefits they received between Sept. 8, 2015, and July 29, 2025, because the person collected SSDI.

A spokesperson for DWD said the total cost of the claims the agency may have to pay out is unclear right now. Individuals who receive unemployment insurance can receive a maximum of $370 per week for at most 26 weeks, which would be $9,620. But not every person files for the entire 26-week period. The current average is 13 weeks, the spokesperson said.

What led to this?

A federal judge in 2024 struck down the law that previously blocked individuals from receiving both SSDI benefits and unemployment insurance.

While the judge ruled the law was discriminatory, the DWD continued to deny unemployment claims until July when the process was ordered to stop. The same federal judge then in August ordered DWD to compensate people who were previously denied or forced to repay unemployment benefits while receiving SSDI between 2015 and 2025.

A spokesperson for DWD said it is mailing notices to individuals who may be eligible for past benefits, but warned that it will take time to process the claims from the designated time period.

While DWD is mailing about 13,000 notices, the agency doesn’t know how many people will actually reach out about filing a claim to receive the past benefits. Individuals must call DWD about their claim within 90 days of receiving a notice from the agency.

Where can I go for more information?

The DWD has a web page with guidance and answers to questions about the court order and individuals who may be eligible for past unemployment benefits.

People with questions can also contact a DWD Help Center phone number at 414-435-7069 or toll free at 844-910-3661 during business hours.

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Popular Interests In This Article: Backpay, Brittany Carloni, Disabled Workers, Social Security Disability Insurance, Unemployment Insurance

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