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Date: 03-22-2023
Case Style:
P.Z. v. Social Security Administration
Case Number: 1:21-CV-666
Judge: Kelly F. Pate
Court: United States District Court for the Middle District of Alabama (Houston County)
Plaintiff's Attorney:
Defendant's Attorney: James Joseph DuBois and Sarah Elizabeth Choi
Description: Dothan, Alabama social security disability lawyer represented Plaintiff seeking review of the denial of her application for DIWC/DIVVV benefits by HHS.
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: 03/22/2023 25 MEMORANDUM OPINION AND ORDER construing the 17 & 20 Briefs as Motions for Summary Judgment; it is ORDERED as follows: 1. Plf's 17 Motion for Summary Judgment is DENIED; 2. The Commissioner's 20 Motion for Summary Judgment is GRANTED; and 3. The Commissioner's decision is AFFIRMED; A final judgment will be entered separately. Signed by Magistrate Judge Kelly F. Pate on 3/22/2023. (bes, ) (Entered: 03/22/2023)
03/22/2023 26 FINAL JUDGMENT: In accordance with the Memorandum Opinion entered by this Court, it is ORDERED and ADJUDGED that the decision of the Commissioner is AFFIRMED; The Clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Magistrate Judge Kelly F. Pate on 3/22/2023. (bes, ) (Entered: 03/22/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: