J.H. v. Social Security Administration

Greensboro, 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.



"Social Security Disability Insurance (DI) provides benefits to disabled individuals who have worked in jobs covered by Social Security and have paid into the system. There are two types of DI benefits: Disability Insurance Workers' Compensation (DIWC) and Disability Insurance Widows' Compensation (DIWW).



DIWC



DIWC benefits are paid to disabled workers who meet the following requirements:



Have worked in jobs covered by Social Security for at least five out of the last ten years.

Have a medical condition that prevents them from engaging in any substantial gainful activity for at least 12 months or is expected to result in death.



DIWW



DIWW benefits are paid to widows of deceased workers who meet the following requirements:



Were married to the deceased worker for at least nine months before the worker's death (or for less than nine months if the widow was pregnant with the worker's child at the time of the worker's death).

Are disabled and meet the same disability requirements as DIWC beneficiaries.



Amount of Benefits



The amount of DIWC and DIWW benefits is based on the worker's average lifetime earnings. The maximum benefit is equal to the worker's primary insurance amount (PIA), which is the amount the worker would have received if they had retired at full retirement age."



Google Bard

Judgment in favor of Plaintiff.