Defendant's Attorney: Kevin D. Danielson and Heidi Triesch

Description: Eugene, Oregon social security disability lawyers represented Plaintiff seeking review of the denial by HHS of her application for Social Security: DIWC/DIWW.

"Social Security disability law is a complex area of law that governs the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program. Both programs provide financial assistance to individuals who are unable to work due to a disability.

To qualify for SSDI, an individual must have worked long enough and paid enough Social Security taxes to earn credits. The individual must also have a disability that is expected to last for at least 12 months or result in death.

To qualify for SSI, an individual must have a disability and limited income and resources. The individual must also be a resident of the United States.

The Social Security Administration (SSA) determines whether an individual meets the medical and non-medical requirements for disability benefits. The SSA uses a five-step sequential evaluation process to determine whether an individual is disabled:

Is the individual currently working?
Is the individual's condition severe?
Does the individual's condition meet or equal a listing of impairments?
Can the individual perform any of their past relevant work?
Can the individual perform any other work?

If the individual meets the requirements for disability benefits, they will be awarded monthly payments. The amount of the payments will depend on the individual's earnings history.

If you believe that you or someone you know may be eligible for disability benefits, you should contact the SSA to apply. You can apply online, by phone, or in person at a local Social Security office.

Here are some examples of disabilities that may qualify for Social Security disability benefits:

Arthritis
Cancer
Stroke
Heart disease
Mental illness
Back pain
Lung disease
Blindness
Deafness

If you have questions about Social Security disability law, you should contact an attorney. An attorney can help you understand the law and apply for benefits.

Here are some additional things to keep in mind about Social Security disability law:

The SSA has a strict definition of disability. To qualify for benefits, an individual must be unable to perform any substantial gainful activity.
The SSA considers a number of factors when determining whether an individual is disabled, including the severity of their condition, their age, their education, and their work experience.
The SSA has a backlog of claims, so it may take several months or even years to receive a decision on a disability claim.
If you are denied disability benefits, you have the right to appeal the decision. You can appeal the decision to an administrative law judge and then to the federal courts.

Social Security disability law is complex, but it is an important law that helps individuals with disabilities who are unable to work. If you believe that you or someone you know may be eligible for disability benefits, you should contact the SSA to apply."

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Outcome: Judgment is entered for the Plaintiff in accordance with the stipulated motion and subsequent Order for Remand 11 . The decision of the Commissioner is REVERSED and REMANDED for further proceedings. Signed on 09/27/2023 by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 09/27/2023)

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Defendant's Experts:

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