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Date: 02-24-2023

Case Style:

Ellen L. Brelen v. Social Security Administration

Case Number: 5:22-CV-00010

Judge: Georffrey W. Crawford

Court: United States District Court for the District of Vermont (Rutland County)

Plaintiff's Attorney:







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Defendant's Attorney: Luis Pere and Molly E. Carter

Description: Rutland, Vermont social security disability lawyer represented Plaintiff seeking review of the denial of her application for DIWA/DIWW benefits by HHS.
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Federal Courthouse - Rutland, Vermont


Federal Courthouse - Rutland, Vermont


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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 18 ORDER granting in part and denying in part 15 Motion to Alter Judgment Pursuant to FRCP 59(e). The court will issue an amended opinion and order. Signed by Chief Judge Geoffrey W. Crawford on 2/24/2023. (eh) (Entered: 02/24/2023)
02/24/2023 19 AMENDED OPINION AND ORDER: granting 8 MOTION for Order Reversing the Decision of the Commissioner; denying 11 MOTION for Order Affirming the Decision of the Commissioner. Signed by Chief Judge Geoffrey W. Crawford on 2/24/2023. (eh) (Entered: 02/24/2023)
02/24/2023 20 AMENDED JUDGMENT - The case is REMANDED for further proceedings consistent with the 19 Amended Opinion and Order.Signed by Deputy Clerk on 2/24/2023. (Attachments: # 1 Notice to Litigants (appeal period expires 4/25/2023)) (eh) (Entered: 02/24/2023)

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