Date: 04-14-2023

Case Style:

JS v. Social Security Administration

Case Number: 1:22-CV-340

Judge: Joe L. Webster

Court: United States District Court for the Middle District of North Carolina (Guilford County)

Plaintiff's Attorney:

Defendant's Attorney: Rachel E. Licausi

Description: Greensboro, North Carolina social security disability lawyer represented Plaintiff seeking review of the denial of her application of 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: 04/14/2023 20 ORDER signed by MAG/JUDGE JOE L. WEBSTER on 4/14/2023; the stay in this matter is LIFTED, Plaintiff's Motion for Judgment (Docket Entry 13 ) is DENIED, Defendant's Motion for Judgment (Docket Entry 18 ) is GRANTED, and the final decision of the Commissioner is upheld. A Judgment dismissing this action will be entered contemporaneously with this Order. (Hicks, Samantha) (Entered: 04/14/2023)
04/14/2023 21 JUDGMENT signed by MAG/JUDGE JOE L. WEBSTER on 4/14/2023; the stay in this matter is LIFTED, Plaintiff's Motion for Judgment (Docket Entry 13 ) is DENIED, Defendant's Motion for Judgment (Docket Entry 18 ) is GRANTED, and the final decision of the Commissioner is upheld, and this action is DISMISSED WITH PREJUDICE. (Hicks, Samantha) (Entered: 04/14/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: