Nannie D. Harper v. Arthur S. Flemming, Secretary of the Department of Health, Education and Welfare

SOBELOFF, Chief Judge.

Coverage under the Social Security Act is in issue here. The appellant, an aged woman owning a farm which was leased out on shares, was denied old age benefits by the Bureau of Old-Age and Survivors Insurance in the Department of Health, Education and Welfare. Denial was on the ground that, although she had paid social security taxes for the requisite number of quarters, she was ineligible because the income upon which the taxes were computed was not derived from the type of self-employment covered by the law. The answer depends upon the correct reading of the federal…