Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 02-07-2023
Case Style:
Brenda K. Dial v. Social Security Administration
Case Number: 1:22-cv-328
Judge: William C. Lee
Court: United States District Court for the Northern District of Indiana (Allen County)
Plaintiff's Attorney:
Defendant's Attorney: Brian J. Alesia and Brian Irvin
Description: Fort Wayne, Indiana social security disability lawyer represented Petitioner seeking review of the denial of her application for 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: 02/06/2023 11 ORDER: The 10 Unopposed Motion for Remand is GRANTED. The Commissioner's decision is REVERSED under sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) with REMAND to the Commissioner for further administrative proceedings. Signed by Judge William C Lee on 2/6/23. (nal) (Entered: 02/06/2023)
02/06/2023 12 CLERK'S ENTRY OF JUDGMENT. (nal) (Entered: 02/06/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: