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Case Number: 4:23-cv-00099
Judge: Christine D Little
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney: Darren Rackley
Defendant's Attorney: Aimee Durel, Kyle Voils, Nolan Fields
Description: Tulsa, Oklahoma social security disability lawyers represented Plaintiff who sued Defendant seeking review of the denial of her application for Social Security: SSID Tit. XVI.
"The acronym SSID stands for Supplemental Security Income, which is a different program from Social Security Disability Insurance (SSDI).
SSDI is a program that pays benefits to people who are disabled and have worked long enough and paid Social Security taxes.
SSI is a program that pays benefits to people with limited income and resources who are disabled or blind.
To be eligible for SSDI, you must meet the following requirements:
You must be disabled.
You must have worked long enough and paid Social Security taxes.
Your disability must be expected to last at least 12 months or result in death.
To be eligible for SSI, you must meet the following requirements:
You must have limited income and resources.
You must be disabled or blind.
The amount of benefits you receive from SSDI or SSI depends on your earnings history and your financial situation. You may also be eligible for Medicare benefits if you are receiving SSDI benefits.
To apply for SSDI or SSI, you can visit your local Social Security office or apply online. You will need to provide information about your work history, your medical condition, and your financial situation. The Social Security Administration will review your application and make a decision about whether you are eligible for benefits.
If you are denied benefits, you can appeal the decision. You have 60 days to file an appeal. The Social Security Administration will review your appeal and make a final decision.
If you have any questions about SSDI or SSI benefits, you should contact your local Social Security office."
42 U.S.C. 405 provides:
Every individual who—
(1) is a fully insured individual (as defined in section 414(a) of this title),
(2) has attained age 62, and
(3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title),
shall be entitled to an old-age insurance benefit for each month, beginning with—
(A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or
(B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)),
and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in section 415(a) of this title) for such month.
Outcome: 08/11/2023 16 ORDER by Magistrate Judge Christine D Little ; granting 13 Motion for Attorney Fees (Re: 13 MOTION for Attorney Fees under the Equal Access to Justice Act ) (CDLJ, Judge) (Entered: 08/11/2023)