Legal Opinion

Joyner v. Ribicoff

District Court, W.D. Virginia

Decided July 10, 1962No. Civ. A. No. 1159PublishedCited by 7 opinions

1Opinion of the Court

MICHIE, District Judge.

The question for decision in this case is whether, when an employee is paid $1,-415.90 by his employer in one calendar year but in connection with his work had to spend $543.38 for traveling expenses for which under his contract of employment he had no right to reimbursement, his “earnings”, as the word is used in section 203(e) of the Social Security Act (42 U.S.C.A. § 403(e)), are $1,415.90 or $872.52. The common sense answer is, of course, that his earnings are $872.52 and I believe the common sense answer is correct. But the problem is somewhat more complicated than…

2Cases cited2 opinions

  1. Earl F. Angell v. Arthur S. Flemming, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1961
  2. Miller v. RibicoffDistrict Court, W.D. South Carolina · 1961

3Cited by7 opinions

  1. Sayer v. RichardsonDistrict Court, W.D. Louisiana · 1973
  2. Aubrey H. Thompson v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1976
  3. John Colby v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980
  4. Livingstone v. HecklerDistrict Court, D. Maryland · 1985
  5. John G. BALLARD, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1990

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