Vivian E. Carlough v. Elliott Lee Richardson, as Secretary of Health, Education and Welfare

The appellant, Vivian E. Carlough, sought judgment that § 203(f) (3) of the Social Security Act, 42 U.S.C., § 403(f) (3), providing for the deduction of earned income from old age benefits otherwise payable under the Act, is unconstitutional.

The suit was first submitted to a three Judge District Court, which held that no substantial constitutional issue was presented, ordered itself dissolved, and remanded to a single District Judge. Carlough v. Finch, 309 F.Supp. 1025 (S.D., Fla., 1969). Upon appeal the Supreme Court vacated and remanded in order that a timely appeal might be taken to the…