James R. Kephart v. Elliot L. Richardson, Secretary, Department of Health, Education and Welfare

OPINION OF THE COURT

WEIS, Circuit Judge.

While silence may be golden in the adage, silence in the Social Security records of employment may have quite a contrary effect on a claimant for disability benefits who must establish a wage earning history. In this appeal from a denial of benefits, we conclude that, while the absence of earnings entries is statutorily denominated evidence of nonemployment, it may be outweighed by credible testimony of the claimant which fills the void. Because the administrative process failed to properly consider the positive evidence which might have eliminated the…