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Case Number: 3:22-CV-145
Judge: J. Thomas Ray
Court: United States District Court for the Eastern District of Arkansas (Criaghead County)
Defendant's Attorney: Frank D. Tankard and Sarah Preston
Description: Jonesboro, Arkansas social security disability lawyer represented Plaintiff 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: Judgment in favor of Plaintiff.
03/17/2023 22 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff Tammy Finley's 21 Motion for Leave to Respond. Plaintiff shall file her Reply to the Commissioner's Response to her Motion for Attorneys Fees on or before March 24, 2023. Signed by Magistrate Judge J. Thomas Ray on March 17, 2023. (bbg) (Entered: 03/17/2023)