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Date: 07-23-2021

Case Style:

JoAnn Mercado Gaffney v. Social Security Administration

Case Number: 3:20-cv-01621-K-BN

Judge: Ed Kinkeade

Court: United States District Court for the Northern District of Texas (Dallas County)

Plaintiff's Attorney:


Best Dallas Social Security Disability Lawyer Directory


Defendant's Attorney: Dianne Marie Mullins Pryor

Description: Dallas, Texas disability lawyer represented Plaintiff seeking review of the denial of her application for DIWC/DIWW denied by HHS.

The SSA uses its ‘grid rules’ to determine how likely applicants are to be retrained for different employment that accommodates their disabilities. The grid consists of the following criteria:

Age
Educational background
Current job skills
Whether those skills are transferable
Ability to do certain jobs

If an applicant is over 50, the applicants chance of being approved for disability benefits increase, even if the grid does not find the applicants to be disabled. This is because there are fewer entry level positions offered to older workers and adjusting to a different type of employment after so many years in the same field is more challenging the older you get.

Outcome: ELECTRONIC ORDER: Before the Court is Plaintiff's Unopposed Motion for Award of Attorney Fees Under the Equal Access to Justice Act, filed on July 22, 2021 (Doc. No. 24). Plaintiff indicates that the motion is unopposed and therefore the parties are directed to, by August 5, 2021, submit electronically to Kinkeade_Orders@txnd.uscourts.gov an agreed proposed order, granting 24 Plaintiff's Petition and Brief for Award of Attorney Fees under the Equal Access to Justice Act. (Ordered by Judge Ed Kinkeade on 7/23/2021) (chmb) (Entered: 07/23/2021)

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