Date: 01-13-2023

Case Style:

Savanna S. Smouse v. Social Security Administration

Case Number: 1:20-cv-01651

Judge: J. Gregory Wehrman

Court: United States District Court for the Western District of New York (Erie County)

Plaintiff's Attorney:

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Defendant's Attorney: Nahid Sorooshyari

Description: Buffalo, New York social security disability lawyer represented Plaintiff seeking review of the denial of her application for Social Security: DIWC/DIWW benefits by HHS.

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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.

Outcome: 01/13/2023 16  MEMORANDUM-DECISION AND ORDER denying 9 Motion for Judgment on the Pleadings; granting 12 Motion for Judgment on the Pleadings. Signed by Honorable J. Gregory Wehrman on 1/13/2023. (CGJ) (Entered: 01/13/2023)
01/13/2023 17  JUDGMENT in favor of Commissioner of Social Security against Savanna S. Smouse. Signed by Mary C. Loewenguth, Clerk of Court on 1/13/2023. (CGJ) (Entered: 01/13/2023)

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Defendant's Experts:

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