Secretary of Health, Education and Welfare v. Otis C. Snell, Jr.

GODBOLD, Circuit Judge:

The Secretary of Health, Education and Welfare refused to include in the social security account of Otis C. Snell earnings he made as a school bus driver. Snell sought review in the district court, which granted summary judgment in his favor. 1 The Secretary appeals. We reverse.

In January, 1960 Snell began driving a school bus owned by Ponchatoula Elementary School, located in Tangipahoa Parish, Louisiana. He was at that time 57 years old. In 1964 he was notified that the pay he received for these services from 1960 through 1963 would not be credited to his social…