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Date: 06-26-2024
Case Style:
Russell Gebert v. Social Security Administration
Case Number: 8:23-cv-00289
Judge: Joseph F. Bataillon
Court: United States District Court for the District of Nebraska (Douglas County)
Plaintiff's Attorney:
Defendant's Attorney: Timothy R. Hook
Description:
Omaha, Nebraska social security disability lawyer represented the Plaintiff seeking review of the denial by HHS of his application for Social Security: DIWC/DIWW benefits.
DIWC (Disabled Insured Worker’s Claim)
Disability program for adults who have worked enough to have “insured status” under the Social Security System. For disability, a worker must have worked above a minimum amount 5 out of the last 10 years (as measured in quarters of years).
A person does not have to file before their work credits run out, but he or she must be found disabled before the work credits run out. Individuals who are eligible for insured disability benefits get Medicare.
DIWW (Disabled Insured Widow’s/Widower’s Claim)
An individual must be 50 years old, be found disabled, and have been married to a person who was insured when that person died. The widow/widower must also become disabled within 7 years of their spouse’s death. There are special rules when the spouse draws benefits on behalf of children that extends
the 7 years, so it does not start until the children are grown. If a prior divorced spouse dies, the disabled person must have been married to the deceased spouse seven years. If the Widow/Widower is 60 or over, and meets the other requirements, then he or she does not have to be found disabled.
Outcome: Judgment in favor of Plaintiff.
06/26/2024 23 ORDER - The Plaintiff's motion for attorney fees, Filing No. 21 is granted in the amount of $4,165.05, plus costs in the amount of $402.00 as reimbursement of his filing fee. Pursuant to the Equal Access to Justice Act, attorney fees in the amount of $4,165.05, plus costs in the amount of $402.00 are to be paid directly to the Plaintiff, and shall be delivered to the law offices of Wes Kappelman, KAPPELMAN LAW FIRM, less any offset to satisfy a pre-existing debt to the United States. Such funds shall be paid by the Social Security Administration. A separate judgment shall be entered in conjunction with the Memorandum and Order. Ordered by Senior Judge Joseph F. Bataillon. (MKR) (Entered: 06/26/2024)
06/26/2024 24 JUDGMENT pursuant to the Memorandum and Order 23 entered on this date, judgment is entered in favor of the plaintiff and against the defendant. Ordered by Senior Judge Joseph F. Bataillon. (MKR) (Entered: 06/26/2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: