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Case Number: 2:20-cv-02198
Judge: Steven P. Logan
Court: United States District Court for the District of Arizona (Marciopa County)
Defendant's Attorney: Casper Chan
Description: Phoenix, Arizona social security disability lawyer represented the Plaintiff seeking review of the dnial of her application for Social Security: DIWC/DIWW benefits by HHS.
"The Social Security DIWC (Disabled Insured Worker's Claim) and DIWW (Disabled Insured Widow's/Widower's Claim) benefit laws provide monthly benefits to certain disabled workers and their dependents.
To be eligible for DIWC benefits, the worker must:
Have worked long enough under Social Security to be considered "insured."
Be unable to engage in any substantial gainful activity (SGA) by reason of a medically determinable physical or mental impairment(s) that can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
To be eligible for DIWW benefits, the widow(er) must:
Have been married to the worker for at least one year immediately before the worker's death.
Be caring for a child who is under the age of 16 or who is disabled.
Be unable to engage in any SGA by reason of a medically determinable physical or mental impairment(s) that can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
The amount of DIWC and DIWW benefits depends on the worker's average lifetime earnings. Benefits are paid on a monthly basis and are subject to an earnings limit. If a DIWC or DIWW beneficiary earns more than the earnings limit, their benefits may be reduced or suspended.
In addition to benefits for the disabled worker, DIWC and DIWW benefits may also be paid to certain dependents, including:
A spouse who is caring for a child who is under the age of 16 or who is disabled.
A child who is under the age of 18 or who is disabled.
A parent who is caring for a child who is under the age of 16 or who is disabled.
How to apply for DIWC and DIWW benefits
To apply for DIWC or DIWW benefits, you can contact your local Social Security office or apply online. You will need to provide the Social Security Administration (SSA) with information about your work history, your medical condition, and your dependents. The SSA will review your application and make a determination about whether you are eligible for benefits.
If you are approved for DIWC or DIWW benefits, you will receive a monthly payment. The amount of your payment will depend on your earnings history and the number of dependents you are claiming. You will also be eligible for Medicare coverage after receiving disability benefits for two years.
If you have questions about DIWC or DIWW benefits, you should contact the SSA. The SSA can provide you with more information about the eligibility requirements, the application process, and the benefit amounts."
Outcome: Judgment in favor of Plaintiff.
11/08/2023 36 RESPONSE to Motion re: 35 MOTION for Attorney Fees Under 42 U.S.C. § 406(b) filed by Commissioner of Social Security Administration. (Chan, Caspar) (Entered: 11/08/2023)