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Date: 02-09-2023
Case Style:
Julienne C. Johnson v. Social Security Administration
Case Number: 1:22-cv-01006-CBK
Judge: Charles B. Kornmann
Court: United States District Court for the District of South Dakota (Brown County)
Plaintiff's Attorney:
Defendant's Attorney: Michaele Sanders Hofman
Description: Aberdeen, South Dakota social security disability lawyer represented Plaintiff seeking review of the denial of her application for Social Security: DIWC/DIWW 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:
Upon consideration of the Commissioner's Motion to Reverse and Remand the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), it is hereby
ORDERED that the Commissioner's decision in this matter is reversed and this cause is remanded to the Commissioner for further administrative proceedings. See Shalala v. Shaefer, 509 U.S. 292 (1993).
Plaintiff's Experts:
Defendant's Experts:
Comments: