Margaret E. Gruver v. Secretary of Health, Education and Welfare

SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

Since August, 1960, appellant has received old-age insurance benefits under Title II of the Social Security Act. 1 For 1965 and 1966, her wage earnings exceeded the statutory maximum of $125 per month an individual could then make without an automatic reduction in the monthly benefits payable. 2 Although appellant submitted timely reports of those earnings, the Social Security Administration did not decrease her benefits, and thereby overpaid $178 during 1965 and $603 during 1966.

To rectify the overpayments, the Administration invoked its statutory…