Date: 06-18-2024

Case Style:

P.H. v. Social Security Administration

Case Number: 4:23-cv-03222

Judge: Michael D. Nelson

Court: United States District Court for the District of Nebraska (Lancaster County)

Plaintiff's Attorney:

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Defendant's Attorney: Lynnett M. Wagner

Description:

Lincoln, Nebraska social security disability lawyer represented the Plaintiff seeking review of the denial of her application for Social Security: 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: 06/18/2024 21 ORDER - The Commissioner's Unopposed Motion to Reverse and Remand pursuant to Sentence Four of 42 U.S.C. § 405(g) (Filing No. 19 ) is granted. The Commissioner's final decision is reversed, and this case is remanded for further administrative proceedings. Plaintiff's Motion for an Order Reversing the Commissioner's Decision (Filing No. 16 ) is denied as moot. A separate judgment will issue. Ordered by Magistrate Judge Michael D. Nelson. (LKO) (Entered: 06/18/2024)
06/18/2024 22 JUDGMENT - Pursuant to the accompanying Order, the final decision of the defendant, Martin O'Malley, Commissioner of Social Security, is reversed and remanded for further administrative proceedings pursuant to sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Ordered by Magistrate Judge Michael D. Nelson. (LKO) (Entered: 06/18/2024)

Plaintiff's Experts:

Defendant's Experts:

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