Roy M. Livingstone v. Marion B. Folsom, Secretary, Department of Health Education and Welfare

MARIS, Circuit Judge.

' This is an appeal by the Secretary of Health, Education and Welfare from a judgment of the District Court for the Eastern District of Pennsylvania setting aside his decision disallowing plaintiff’s claim for old-age insurance benefits under the Social Security Act.1 2Plaintiff’s claim was based on his assertion that his net earnings’ from his insurance business during the period January, 1951, through June, 1952,' entitled him to old-age insurance benefits. This claim was denied by the Secretary because he found that plaintiff'had no net income from his insurance…