Miller v. Flemming

PUTNAM, District Judge.

This is an action brought pursuant to Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), for review of an administrative determination made by the Secretary of Health, Education and Welfare denying claimant’s application for benefits based on self-employment farm income for the years 1956,1957 and 1958. It is before the Court for summary judgment, submitted on the basis of the administrative record, as to which there is no material issue of fact.

The question presented for decision is whether or not, as a matter of law, the examiner was in error in holding…