In response to a recent court ruling, the Wisconsin Department of Workforce Development (DWD) has released a new temporary mandatory notice titled “Unemployment Eligibility for Social Security Disability Insurance (SSDI) Recipients.” This temporary notice, which must be displayed in workplaces through January 12th, 2026, informs employees that individuals receiving SSDI benefits may now qualify for Wisconsin unemployment insurance benefits. This marks a change from prior state policy regarding unemployment eligibility for SSDI recipients.
Why the Change?
A recent federal court order found that an existing Wisconsin statute restricting unemployment eligibility for SSDI recipients conflicted with federal law. As a result, certain claimants who were previously denied unemployment benefits or required to repay them may now be eligible to receive them, both prospectively and retroactively.
In Wisconsin, SSDI provides monthly benefits to workers who have paid into Social Security and are unable to engage in substantial gainful activity due to a medically determinable physical or mental impairment expected to last at least 12 months or result in death.
The newly required posting explains that individuals who received SSDI may now be eligible for unemployment payments if they meet other eligibility requirements. Those eligibility requirements include individuals who:
- Filed an initial claim for Wisconsin unemployment between September 8th, 2015, and July 29th, 2025, and were denied due to SSDI; or
- Were ordered to repay benefits for that reason.
What Does the Notice Cover?
The new Unemployment Eligibility for SSDI Recipients posting outlines key information for potentially affected workers:
- Individuals previously denied unemployment benefits because they received SSDI may now reapply or seek retroactive benefits.
- Claims are subject to standard eligibility criteria and are not guaranteed.
- Due to federal law, individuals who received Pandemic Unemployment Assistance (PUA) are not eligible for retroactive regular unemployment benefits for the same period.
The temporary poster also provides direct phone numbers for the DWD Help Center, along with a QR code and URL linking to additional resources and a copy of the court’s order.
Who Is Eligible for Unemployment in Wisconsin?
Individuals in Wisconsin may receive unemployment insurance benefits if they:
- Have been laid off or had their work hours reduced because their employer did not have enough work,
- Left their last job and can show it was for good cause.
“Good cause” is a valid, substantial reason for which the employer is responsible, and which left the individual with no reasonable alternative but to quit. An example is unsafe working conditions.
Employer Responsibilities
All Wisconsin employers are required to display this temporary notice in a conspicuous location where other employee notices are posted. This includes office break rooms, time clock areas, and applicant areas.
Labor Law Posters Online has updated the 2025 Wisconsin State & Federal Labor Law Poster to include the temporary Unemployment Insurance Eligibility notice. Our all-on-one labor law poster solution ensures you remain fully compliant with both federal and state requirements. Annual subscription customers in Wisconsin will receive the updated notice automatically as part of their ongoing service.