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Date: 02-08-2023
Case Style:
Audrey Bustamante v. Social Security Administration
Case Number: 2:19-cv-03850
Judge: Michelle H. Burns
Court: United States District Court for the District of Arizona (Phoneix County)
Plaintiff's Attorney:
Defendant's Attorney: Ben Alexander Porter, L. Jamala Edwards, Sathya Oum
Description: Phoenix, Arizona 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: Judgment in favor of Plaintiff.
02/08/2023 32 RESPONSE to Motion re: 29 First MOTION for Attorney Fees Under 42 U.S.C. § 406(b) noting no opposition filed by Commissioner of Social Security Administration. (Edwards, L) (Entered: 02/08/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: