Melinda Griffin v. Social Security Disability

Dayton, Ohio social security disability lawyer represented Plaintiff seeking review of the denial of her application for Social Security: DIWC/DIWW.



DIWC (Disabled Insured Worker's Claim)



Disability program for adults who have worked enough to have "insured status” under the Social Security System. For disability, a worker must have worked above a minimum amount 5 out of the last 10 years (as measured in quarters of years).



A person does not have to file before their work credits run out, but he or she must be found disabled before the work credits run out. Individuals who are eligible for insured disability benefits get Medicare.



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



An individual must be 50 years old, be found disabled, and have been married to a person who was insured when that person died. The widow/widower must also become disabled within 7 years of their spouse's death. There are special rules when the spouse draws benefits on behalf of children that extends

the 7 years, so it does not start until the children are grown. If a prior divorced spouse dies, the disabled person must have been married to the deceased spouse seven years. If the Widow/Widower is 60 or over, and meets the other requirements, then he or she does not have to be found disabled.

06/06/2023 9 DECISION AND ENTRY - The parties' Joint Stipulation for Remand to the Commissioner (ECF No. 8 ) is ACCEPTED;The Clerk of Court is directed to enter Judgment in Plaintiff's favor under Fed. R. Civ. P. 58; This matter is REMANDED to the Social Security Administration, pursuant to Sentence Four of 42 U.S.C. § 405(g), for further consideration consistent with this Decision and Entry and the parties' Stipulation; and The case is terminated on the docket of this Court. Signed by Magistrate Judge Caroline H. Gentry on 6/6/2023. (bjr) (Entered: 06/06/2023)

06/06/2023 10 CLERK'S JUDGMENT signed on 6/6/2023. (bjr) (Entered: 06/06/2023)