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Date: 02-06-2023
Case Style:
Katie L.K. v. Social Security Administration
Case Number: 1:21-cv-01280
Judge: Jonathan E. Hawley
Court: United States District Court for the Central District of Illinois (Peoria County)
Plaintiff's Attorney:
Defendant's Attorney: Kimberly A. Klein and Brain James Alesia
Description: Peoria, Illinois social security disability lawyer represented Petitioner seeking review of the denial of her applicaiton of DIWC/DIWW benefits by HHS.
Katie L.K. filed an application for disability insurance benefits (DIB) on April 10, 2020, alleging disability beginning on September 1, 2015. Her DIB claim was denied initially on September 1, 2020 and upon reconsideration on October 21, 2020. After a request for hearing before an administrative law judge, a hearing was held on March 11, 2021 before the Honorable Robert H. Schwartz (ALJ). At the hearing, Katie had a non-attorney representative, and Katie and a vocational
expert (VE) testified. Following the hearing, Katie's claim was denied on March 31, 2021. Her request for review by the Appeals Council was denied on August 5, 2021, making the ALJ's Decision the final decision of the Commissioner. Katie timely filed the instant civil action seeking review of the ALJ's Decision on October 6, 2021.
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: For the foregoing reasons, the Plaintiff's Motion for Summary Judgment (Doc. 13) is GRANTED, the Defendant's Motion for Summary Affirmance (Doc. 15) is DENIED, and this matter is REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with this Opinion.
The Clerk of Court is directed to enter judgment as follows: “IT IS ORDERED AND ADJUDGED that this case is remanded to the Commissioner of Social Security for further proceedings consistent with this Opinion pursuant to 42 U.S.C. § 405(g), Sentence Four.”
It is so ordered.
Plaintiff's Experts:
Defendant's Experts:
Comments: