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Date: 07-18-2023

Case Style:

Joel M. DeSousa v. Social Security Administration

Case Number: 2:23-CV-80

Judge: G. Murray Snow

Court: United States District Court for the District of Arizona (Maricopa County)

Plaintiff's Attorney: and Saran Fern

Defendant's Attorney: Justine Lane Martin

Description: Phoenix, Arizona social security disability lawyers represented Plaintiff seeking review of the denial of his application for Social Security: DIWC/DIWW benefits y HHS.

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: 07/18/2023 23 ORDER granting the parties' Stipulation (Doc. 22 ). IT IS FURTHER ORDERED that the above-captioned action be remanded to the Acting Commissioner of Social Security (Commissioner) pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new decision. On remand, the Appeals Council will instruct the Administrative Law Judge to take further action, if necessary, to complete the administrative record, consider all pertinent issues de novo, and issue a new decision. The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. Signed by Chief Judge G Murray Snow on 7/17/2023. (WLP) (Entered: 07/18/2023)

07/18/2023 24 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed July 18, 2023, judgment is entered in favor or the plaintiff. The decision of the Commissioner of Social Security is reversed, and this case is remanded to the Social Security Administration for
further proceedings consistent with the Order. (WLP) (Entered: 07/18/2023)

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