Legal Opinion

Herbst v. Finch

District Court, S.D. New York

Decided March 30, 1972No. 69 Civ. 1092PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

MacMAHON, District Judge.

Both parties move for judgment on the pleadings in this action brought under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for review of a final decision of the Secretary of Health, Education and Welfare imposing work deductions which eliminated plaintiff’s old-age insurance benefits for 1967. The deductions were imposed pursuant to 42 U.S.C. § 403(b) on the ground that plaintiff rendered services for wages in excess of the amount allowed under the statute.

Plaintiff has exhausted his administrative remedies. The Social Security…

2Cases cited3 opinions

  1. Walker v. AltmeyerCourt of Appeals for the Second Circuit · 1943
  2. Albert E. Domanski v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare,defendant-AppellantCourt of Appeals for the Sixth Circuit · 1963
  3. Emlen v. Social Security BoardCourt of Appeals for the Third Circuit · 1945

3Cited by2 opinions

  1. Fred P. Herbst v. Robert Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
  2. Fred P. Herbst v. Robert Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972

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