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Date: 10-08-2024
Case Style:
Aimee Lynn Pelley v. Social Security Administration
Case Number: 1:24-cv-00253
Judge: Amanda K. Brailsford
Court: United States District Court for the Idaho (Ada County)
Plaintiff's Attorney:
Defendant's Attorney: Michael Jmes Mullen
Description:
Boise, Idaho social security disability lawyer represented the plaintiff on a DIWC/DIWW application for benefits.
The Social Security disability insurance (SSDI) program pays monthly benefits to people who are unable to work for at least a year due to a disability. To qualify, the disability must be severe enough to prevent the person from doing their previous work or any other substantial gainful work.
Eligibility
There are three main categories of people who may qualify for SSDI benefits:
A disabled insured worker who is not yet at full retirement age
A disabled child who is the dependent of a parent who receives SSDI or retirement benefits
A disabled widow or widower who is 50–60 years old and whose deceased spouse was insured under Social Security
Waiting period
There is usually a five-month waiting period before benefits begin. The first benefit is paid in the sixth full month after the disability began.
Conversion to retirement benefits
If a person receives SSDI benefits when they reach full retirement age, the disability benefits automatically convert to retirement benefits.
Work incentives
There are special rules called work incentives that can provide continued benefits and health care coverage to help people transition back to work.
Workers' compensation
Workers' compensation benefits cover disabilities that arise out of and in the course of employment.
Outcome: 10/08/2024 23 ORDER - Based on the stipulation of the parties, the Commissioner's final decision is REVERSED and REMANDED for further administrative proceedings before an Administrative Law Judge (ALJ). (Dkt. 22 ). IT IS SO ORDERED. Signed by Judge Amanda K Brailsford. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
10/08/2024 24 JUDGMENT - IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that this case is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner of Social Security for further administrative proceedings pursuant to this Court's Order (Dkt. 23 ). Signed by Judge Amanda K Brailsford. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
Plaintiff's Experts:
Defendant's Experts:
Comments: