Aron Matusiak v. Robert Finch, Secretary of Health, Education and Welfare of the United States

SPRECHER, Circuit Judge.

This is an appeal from the district court’s affirmance of a decision of the Appeals Council of the Department of Health, Education and Welfare that the claimant was not entitled to old-age insurance or other benefits when he applied in 1968. The Council found that claimant was born in 1910 rather than in 1903 as he claimed.

The claimant’s position is supported by a strong emotional appeal and was accepted by the hearing examiner. These factors require that we give closer attention to the details of the basis for the Appeals Council’s decision than would be required to…