Date: 06-12-2023

Case Style:

Brittany L. Mogan v. Social Security Administration

Case Number: 6:21-CV-6734

Judge: J. Gregory Wehrman

Court: United States District Court for the Western District of New York (Monroe County)

Plaintiff's Attorney:

Defendant's Attorney: Andreea Laura Lechleitner and Kathryn L. Smith

Description: Rochester, New York social security disability lawyer represented Plaintiff seeking review of the denial of her application for Social Security: DIWC/DIWW benefits by HHS.

"DIWC and DIWW are types of Social Security Disability benefits that are available to certain disabled workers and their widows or widowers.

DIWC stands for Disabled Individual with Children. To qualify for DIWC benefits, you must meet the following requirements:

You must be under the age of 65.
You must have a disability that prevents you from doing any substantial gainful activity.
You must have worked and paid Social Security taxes for a certain number of years.
You must have children under the age of 16 who are dependent on you for support.

DIWW stands for Disabled Insured Widow's/Widower's. To qualify for DIWW benefits, you must meet the following requirements:

You must be the widow or widower of a deceased worker who was fully insured at the time of death.
You must be under the age of 65.
You must have a disability that prevents you from doing any substantial gainful activity.
You must not be married.

The amount of DIWC and DIWW benefits you receive will depend on your earnings history and the number of dependents you have. Benefits are paid monthly and can be used to help pay for basic living expenses, such as food, housing, and medical care.

If you think you may be eligible for DIWC or DIWW benefits, you should contact your local Social Security office to file a claim. You can also get more information about DIWC and DIWW benefits on the Social Security Administration website.

Here are some additional details about DIWC and DIWW benefits:

DIWC benefits are payable until the child reaches age 16. If the child is disabled, benefits may continue until the child reaches age 22.
DIWW benefits are payable until the widow or widower reaches age 65. If the widow or widower is disabled, benefits may continue indefinitely.
DIWC and DIWW benefits are subject to income tax. The amount of tax you owe will depend on your income and filing status.
You may be eligible for other benefits in addition to DIWC or DIWW benefits. These benefits may include Medicare, Medicaid, and Supplemental Security Income (SSI).

If you have any questions about DIWC or DIWW benefits, you should contact your local Social Security office."

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Outcome: 06/12/2023 12 MEMORANDUM-DECISION AND ORDER denying 8 Motion for Judgment on the Pleadings; granting 9 Motion for Judgment on the Pleadings; affirming the decision of the Commissioner. Signed by Honorable J. Gregory Wehrman on 6/12/23. (JHF) (Entered: 06/12/2023)
06/12/2023 13 JUDGMENT in favor of Commissioner of Social Security against Brittany L. Mogan. Signed by Clerk on 6/12/23. (JHF) (Entered: 06/12/2023)

Plaintiff's Experts:

Defendant's Experts:

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