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Case Number: 1:22-CV-0001
Judge: William L. Campbell, Jr.
Court: United States District Court for the Middle District of Tennessee (Davidson County)
Defendant's Attorney: Jeremiah D. Hayes and Troy J. Pratten
Description: Nashville, Tennessee social security disability lawyer represented Plaintiff seeking review of the denial of his application for DIWC/DIWW benefits by HHS.
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: 02/24/2023 30 MEMORANDUM OPINION AND ORDER OF THE COURT: Having conducted a de novo review of the Magistrate Judge's determinations and the Commissioner's objections, for the reasons stated herein, the Court concludes that the objections are without merit, and the Report and Recommendation should be adopted. Accordingly, the Report and Recommendation is hereby ADOPTED and APPROVED. Plaintiff's Motion for Judgment on the Record 20 is GRANTED. This case is remanded to the SSA for further consideration consistent with this opinion. Signed by District Judge William L. Campbell, Jr on 2/24/2023.