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Date: 02-07-2023
Case Style:
Pamela H. Potter v. Social Security Administration
Case Number: 2:21-CV-02261
Judge: Colin Stirling Bruce
Court: United States District Court for the Central District of Illinois (Champaign County)
Plaintiff's Attorney:
Defendant's Attorney: David H. Hoff and Megan C. Hugo
Description: Urbana, Illinois social security disability lawyer represented Petitioner seeking review of the denial of her application for DWIC/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: 02/07/2023 13 ORDER Entered by Judge Colin Stirling Bruce on 2/7/23 granting 10 Motion for Summary Judgment; denying 12 Motion for Summary Judgment. The case is remanded under Sentence Four of section 405(g). SEE WRITTEN ORDER.(SKR) (Entered: 02/07/2023)
02/07/2023 14 JUDGMENT entered (SKR) (Entered: 02/07/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: