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Case Number: 3:22-cv-00197
Judge: Gina M. Groh
Court: United States District Court for the Northern District of West Virginia (Bereley County)
Defendant's Attorney: Maximillian F. Nogay
Description: Martinsburg, West Virginia social security disability lawyers represented Plaintiff seeking review of the denial of his application for Social Security: DIWC/DIWW denial by HHS.
"DIWC or DIWW are acronyms for Disability Insurance (DI) for Wage Earners or DI for Widow(er). These are types of disability benefits available under the Social Security Act.
DIWC benefits are available to insured workers who are unable to work due to a disability. The worker must have worked long enough and paid enough Social Security taxes to qualify for benefits. The amount of benefits a worker receives depends on their earnings history and the number of dependents they have.
DIWW benefits are available to widows and widowers of insured workers who are disabled or deceased. The widow(er) must have been married to the insured worker for at least one year and must not have remarried. The amount of benefits a widow(er) receives depends on the insured worker's earnings history and the number of dependents they have.
To qualify for DIWC or DIWW benefits, a worker must meet the following requirements:
Be under the age of 65.
Be unable to engage in any substantial gainful activity due to a physical or mental impairment.
Have a disability that is expected to last for at least 12 months or result in death.
Have worked long enough and paid enough Social Security taxes to qualify for benefits.
If you think you may be eligible for DIWC or DIWW benefits, you should contact the Social Security Administration. They can help you determine if you qualify and apply for benefits.
Here are some additional things to keep in mind about DIWC and DIWW benefits:
Benefits are paid monthly.
Benefits can be paid to a spouse or children if the worker is deceased.
Benefits can be taxed.
Benefits can be affected by other income, such as pensions or retirement savings.
If you have any questions about DIWC or DIWW benefits, you should contact the Social Security Administration. They can help you understand your rights and options and protect your interests."
Outcome: 08/23/2023 19 STIPULATION regarding EAJA fees by Commissioner of Social Security. (Nogay, Maximillian) (Entered: 08/23/2023)