Leslie A. Ludeking v. Robert H. Finch, Secretary of Health, Education and Welfare

GIBSON, Circuit Judge.

The appellant, Leslie A. Ludeking became eligible to receive $123.00 per month in Social Security benefits on his 65th birth date (5-18-64), but the Secretary of Health, Education and Welfare suspended the benefit payments because Ludeking received Subchapter S dividends which the Secretary denominated as excessive wage earnings in an amount sufficient to offset the benefit payments. Appropriate administrative appeals were taken without success. Lude-king pursued his review rights under 42 U.S.C. § 405(a) in the District Court for the District of Minnesota. Judge Miles…