Rush v. Gardner

SIDNEY 0. SMITH, Jr., District Judge.

This is an action, originally brought under 42 U.S.C.A. § 405(g), in which plaintiff seeks review of a remand decision of the Secretary of Health, Education and Welfare wherein deductions were imposed against plaintiff’s old age benefits. A more extensive discussion of the factual background of this case can be found in this Court’s order of January 24, 1966, wherein this Court remanded the case to the Secretary for the purpose of determining “whether the profits of the rest home are includible in claimant’s income for 1961 and what part, if any, of the…