Wisconsin law overturned; disabled workers to get unemployment

GREENFIELD, Wis. - Thousands of people with disabilities in Wisconsin could soon qualify for unemployment benefits. A new court order says the state must cast aside a ban that previously made them ineligible.

Denied claims

What we know:

James Trandel is a gate chief for the Milwaukee Brewers at American Family Field. At one point last year, he was employee of the month.

"I help with the ticket takers and security," said Trandel. "It's a seasonal job."

However, unlike his other coworkers, Trandel is being denied the unemployment benefits he once relied upon.

The "blanket ban"

The backstory:

Trandel was denied because he gets Social Security Disability Insurance (SSDI). SSDI is a federal program for people with a history of working, but who can't work enough to perform "substantial gainful activity."

"The Brewers is a supplemental income," said Trandel. "Just to live on a wage, working for the Brewers, would be very hard to do."

Trandel used to rely on unemployment insurance in the off-season. Then, in 2013, the Wisconsin Legislature passed a law stating that anyone collecting SSDI was banned from also collecting unemployment.

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"When you add up the entire state, it turns into thousands of people who are not getting paid," said Trandel.

Overturning a law

Dig deeper:

Advocates for the disabled, like labor attorney Victor Forberger, have been fighting the law ever since.

"Essentially, disabled people are being treated differently because of their disabled status," said Forberger.

To overturn the SSDI eligibility block, Forberger filed a class action lawsuit.

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Last year, a court found the Wisconsin law's "blanket denial" violates the Americans with Disabilities Act. It found the law has "has a disparate impact on disabled workers seeking unemployment benefits."

Fast-forward to July 2025, and the court issued an order saying the state can no longer deny the unemployment claims.

"Next week, the department will now say, "Well, you should be paid benefits, and we'll reverse that decision," said Forberger.

DWD responds

What they're saying:

The Wisconsin Department of Workforce Development (DWD) sent Contact 6 a statement saying, it "did not oppose a prospective preliminary injunction in this case from the U.S. District Court for the Western District of Wisconsin but cannot provide additional comment at this time due to ongoing litigation."

What this means

Starting on July 20th, DWD will begin processing the claims like any others.

Republican leadership weighs in

What they're saying:

Assembly Speaker Robin Vos (R-Burlington) is responding to the court's decision. 

"This law has been on the books for a dozen years without problem," said Vos. "It’s a shame a liberal judge has reinstated this loophole to encourage more fraud. To qualify for unemployment, you must be able to work and show you can’t find a job. To qualify for a disability, you have to prove you can’t work. These programs are important to provide benefits for people who need them. Allowing people to double-dip undermines both programs and will hurt those who really need the help."

Forberger says the presumption that people on SSDI can't work to supplement their income is disparaging.

Backpay?

Trandel is hoping he'll receive a backpayment for years of denied unemployment claims.

"That was an unconstitutional law," said Trandel. "I would think I would be entitled to something."

Governor Tony Evers proposed striking the blanket ban in his last three budgets, but the language was removed by the Joint Finance Committee.

What's next:

A hearing in August will address the issue of backpay.