Anna M. Sherrick v. Abraham A. Ribicoff, Secretary of Health, Education and Welfare

CASTLE, Circuit Judge.

This action was brought under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g) to review a decision of the Secretary of Health, Education and Welfare. The Secretary had held that the plaintiff was not entitled to old-age insurance benefits because she did not perform service as an “employee” and was not paid “wages”. The district court granted summary judgment in favor of the plaintiff.

The record discloses that the plaintiff was born in 1882, widowed in 1934, lived alone until 1942, and had never worked for wages. She and her alleged employer, a Mrs. Lowe,…