Lashaunna Jemison v. Social Security Administration

Buffalo, New York disability lawyers represented the Petitioner seeking review of the denial of her application for Social Security: DIWC/DIWW disability by HHS.



In Social Security law, DIWC (Disabled Individual, Worker or Child) refers to disability claims under Title II of the Social Security Act, specifically for disabled workers and eligible children. DIWW (Disabled Widow/Widower Benefits) refers to disability benefits for disabled widows and widowers of insured workers, with eligibility typically starting at age 50. Both DIWC and DIWW are part of the Social Security Disability Insurance (SSDI) program, which provides benefits to those who are unable to work due to a qualifying disability and have a sufficient work history.

More Details:



DIWC (Disabled Individual, Worker or Child):



This category encompasses disability claims under Title II of the Social Security Act, which is the section dealing with Social Security Disability Insurance (SSDI).



It covers disabled workers who have paid into the Social Security system and meet the definition of disability, as well as eligible children of disabled or deceased workers.

To qualify, an individual must have a medically determinable physical or mental impairment that prevents them from engaging in substantial gainful activity and is expected to last at least one year or result in death.



DIWW (Disabled Widow/Widower Benefits):



This category provides disability benefits to disabled widows and widowers of insured workers.



To be eligible, the widow or widower must generally be at least age 50 (or age 60, if not disabled).

They must also meet the definition of disability under Social Security law and have been married to the deceased worker for a certain period of time.

In some cases, a surviving divorced spouse may also be eligible for benefits.



SSDI (Social Security Disability Insurance):



Both DIWC and DIWW claims fall under the SSDI program.



SSDI benefits are funded by payroll taxes paid by workers and employers.

The program provides income replacement to eligible individuals who are unable to work due to a disability.



SSI (Supplemental Security Income):



SSI is a separate program from SSDI, although it also provides benefits to people with disabilities.



SSI is a needs-based program, meaning eligibility is based on financial need rather than a work history.

It provides benefits to low-income individuals who are aged, blind, or disabled.



Key Considerations:



Both SSDI and SSI require a strict definition of disability, meaning the individual must be unable to perform any substantial gainful activity due to a medically determinable impairment.



The Social Security Administration (SSA) is responsible for administering both SSDI and SSI.

Individuals applying for disability benefits should be prepared to provide extensive medical evidence to support their claim.

JUDGMENT in favor of Lashauna Jemison against Commissioner of Social Security.