Weisbraut v. Secretary of Department of Health & Human Services

OPINION OF THE COURT

WEIS, Circuit Judge.

The Secretary of Health and Human Services reduced the plaintiff’s retirement benefits because Social Security records indicated that he had not reported self-employment earnings in six specified years. Plaintiff demonstrated that the records were in error as to one of the challenged years and for that reason urges that the statutory presumption of correctness should not apply to the absence of entries in the records for the other five years. Although the plaintiff’s argument is not without logic, it is unavailing because the presumption is based on…