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Date: 07-18-2024
Case Style:
Denny Shepard v. Social Security Administration
Case Number: 2:24-cv-00091
Judge: Robert H. Whaley
Court: United States District Court for the Eastern District of Washington (Spokane County)
Plaintiff's Attorney:
Defendant's Attorney: Benjamin J. Groebner and Brian M. Donovan
Description:
Spokane, Washington 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.
DAC (Disabled Adult Child)
Outcome: STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND CLOSING FILE. Plaintiff's Motion for Summary Judgment, ECF No. 5 , is STRICKEN AS MOOT. Case remanded to Commissioner of Social Security. File is CLOSED. Signed by Senior Judge Robert H. Whaley. (SG, Case Administrator) (Entered: 07/18/2024)
07/18/2024 12 JUDGMENT in favor of Denny Shepard against Martin O'Malley. (SG, Case Administrator) (Entered: 07/18/2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: