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Date: 11-22-2023
Case Style:
Case Number: 3:23-cv-00198
Judge: Frank D. Whitney
Court: United States District Court for the Western District of North Carolina (Mecklenburg County)
Plaintiff's Attorney: Kenneth DiVito and Natash McKay
Defendant's Attorney:
Description: Charlotte, North Carolina social security disability lawyer represented the Plaintiff seeking review of the denial by HHS of her application for Social Security: DIWC/DIWW benefits.
Sure, here is an overview of Social Security DIWC and DIWW benefit law:
Social Security Disability Insurance (SSDI) is a program that provides benefits to individuals who are disabled and have worked long enough under Social Security. To qualify for SSDI benefits, you must meet the following requirements:
You must be disabled: This means that you have a medical condition that prevents you from engaging in substantial gainful activity for at least 12 months or is expected to result in death.
You must have worked long enough: To qualify for SSDI benefits, you must have earned enough work credits during your working years. The number of credits you need depends on your age when you become disabled.
Disabled Insured Worker's Claim (DIWC) is the type of claim that you file if you are applying for SSDI benefits based on your own work credits.
Disabled Insured Widow's/Widower's Claim (DIWW) is the type of claim that you file if you are applying for SSDI benefits based on the work credits of your deceased spouse. To qualify for DIWW benefits, you must meet the following requirements:
You must be a widow or widower of a worker who was insured for SSDI benefits.
You must be disabled.
You must have married the worker before they became disabled.
You must be at least 60 years old, or you must have a minor or disabled child in your care.
How to Apply for SSDI Benefits
To apply for SSDI benefits, you can file an application online, by phone, or at your local Social Security office. You will need to provide documentation of your medical condition and your work history.
How to Appeal a Decision
If your initial claim for SSDI benefits is denied, you can appeal the decision. The appeals process involves several steps, including a reconsideration, a hearing before an administrative law judge, and a review by the Appeals Council.
Attorneys
You may want to consider hiring an attorney to help you with your SSDI claim. An attorney can help you gather your evidence, prepare your application, and represent you at your hearing.
Outcome: Judgment in favor of Plaintiff.
Plaintiff's Experts:
Defendant's Experts:
Comments: