Herbert Otworth v. Robert H. Finch, Secretary of Health, Education and Welfare

WILLIAM E. MILLER, Circuit Judge.

This appeal results from an action brought in the United States District Court for the Southern District of Ohio, under Section 205(g) of the Social Security Act, to review a determination of the Secretary of Health, Education, and Welfare that the appellee-claimant received overpayments of Social Security benefits in the amount of $2,127.30 during the period July, 1965 through January, 1966. The District Court held that the claimant was entitled to the payments, and, even if he were not so entitled, he had a constitutional right to retain the payments. The…