Wendy Hunter Davis v. Social Security Administration

Denver, Colorado disability lawyer represented the Plaintiff seeking review of the denial of her application for DIWC/DIWW benefits by HHS.



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DIWC (Disabled Insured Worker's Claim) and DIWW (Disabled Insured Widow's/Widower's Claim) are Social Security disability benefits programs in the US. DIWC provides benefits to insured workers who become disabled, while DIWW provides benefits to eligible widows and widowers of insured workers who also become disabled. Both programs are part of the broader Social Security disability framework and are administered under Title II of the Social Security Act.

DIWC (Disabled Insured Worker's Claim):



Eligibility:

A worker must have earned enough work credits through past employment to be considered "insured" under Social Security. A common requirement is that a worker must have worked at least 5 out of the last 10 years before the disability onset.



Benefit Type:

This is a disability benefit paid to a worker who is no longer able to work due to a qualifying disability.

Medical Requirement:

The disability must be severe enough to prevent the individual from performing any substantial gainful activity, and it must be expected to last at least a year or result in death.



DIWW (Disabled Insured Widow's/Widower's Claim):



Eligibility:

This benefit is for the surviving spouse of a deceased insured worker. The surviving spouse must also be disabled and meet certain age or other criteria, such as being within a specific timeframe of the spouse's death.



Benefit Type:

This is a type of auxiliary benefit paid on the deceased spouse's earnings record.

Other Factors:

The surviving spouse's age, marital status (including divorce status in some cases), and the timing of the disability relative to the insured worker's death can also affect eligibility.



Key Differences and Considerations:



Insurance vs. Need-based:

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DIWC and DIWW are insurance-based, meaning they are funded by contributions from workers and employers to the Social Security trust fund. SSI (Supplemental Security Income), another Social Security disability program, is need-based and funded by general tax revenues.

Work History:

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DIWC requires a work history for the disabled individual, while DIWW requires a work history for the deceased spouse.

Auxiliary Benefits:

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DIWW benefits are considered auxiliary benefits, meaning they are paid based on the earnings record of another individual (the deceased spouse).

Concurrent Benefits:

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It's possible to receive DIWC or DIWW benefits concurrently with other Social Security benefits, such as retirement benefits for a surviving spouse, or even potentially with SSI in some cases.

06/17/2025 17 Unopposed MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Plaintiff Wendy Hunter Davis. (Olinsky, Howard) (Entered: 06/17/2025)

06/17/2025 18 BRIEF in Support of 17 Unopposed MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Plaintiff Wendy Hunter Davis. (Attachments: # 1 Exhibit A - Affirmation and Waiver of Direct Payment of EAJA Fees, # 2 Exhibit B - CPI Table, # 3 Exhibit C - All Professional Time, # 4 Exhibit D - Attorney Time, # 5 Exhibit E - Paralegal Time, # 6 Memorandum in Support, # 7 Certificate of Conference, # 8 Certificate of Service)(Olinsky, Howard) (Entered: 06/17/2025)