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Date: 07-14-2023
Case Style:
Case Number: 5:23-cv-00143
Judge: Xavier Rodriguez
Court: United States District Court for the Western District of Texas (Bexar County)
Plaintiff's Attorney: David Fallon Chermol
Defendant's Attorney: Henry Ernest Velte, III
Description: San Antonio, Texas social security disability lawyer represented Plaintiff seeking review of the denial by HHS of his application for Social Security: DIWC/DIWW benefits.
DIWC and DIWW are acronyms that stand for Disabled Insured Worker's Claim and Disabled Insured Widow's/Widower's Claim, respectively. These are types of disability benefits that are available through the Social Security Administration (SSA).
To be eligible for DIWC benefits, you must meet the following criteria:
You must be a U.S. citizen or a legal permanent resident.
You must have worked long enough in jobs covered by Social Security.
You must have a medical condition that meets Social Security's strict definition of disability.
Your disability must be expected to last for at least 12 months or result in death.
To be eligible for DIWW benefits, you must meet the following criteria:
You must be a U.S. citizen or a legal permanent resident.
You must have been married to a deceased worker who was eligible for Social Security disability benefits.
You must be unmarried at the time of the worker's death.
You must be 50 years of age or older (or 55 years of age or older if you were disabled before the worker's death).
The amount of your DIWC or DIWW benefit will depend on your earnings history and the number of dependents you have.
If you are approved for DIWC or DIWW benefits, you will receive a monthly payment based on your earnings history. You may also be eligible for Medicare benefits after you have been receiving DIWC or DIWW benefits for 24 months.
The SSA administers the DIWC and DIWW programs. You can apply for DIWC or DIWW benefits online, by phone, or in person at your local SSA office.
Here are some of the benefits of DIWC and DIWW:
Monthly payments to help meet basic living expenses.
Medicare coverage for medical care.
Free eyeglasses and hearing aids.
Discounts on transportation, housing, and other services.
If you are eligible for DIWC or DIWW benefits, you may also be eligible for other federal and state benefits. You should contact your local SSA office to learn more about your eligibility for other benefits.
Outcome: 07/14/2023 12 ORDER GRANTING 11 Motion to Remand to Social Securty Administration Signed by Judge Richard B. Farrer. (mgr) (Entered: 07/14/2023)
07/14/2023 13 CLERK'S JUDGMENT (mgr) (Entered: 07/14/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: