Earl F. Angell v. Arthur S. Flemming, Secretary of Health, Education and Welfare

SOBELOFF, Chief Judge.

Earl F. Angelí, a 70 year old salesman, brought this action in the United States District Court for the Eastern District of Virginia to review a final decision of the Secretary of Health, Education and Welfare under 42 U.S.C.A. § 405(g). Angelí claimed that the Secretary was in error in determining that he was not entitled to social security benefits for the year 1956 and thus received over-payments of $1,242.00 ($103.50 per month), the entire amount of his benefits for that year. The plaintiff filed a motion to remand the case to the Secretary as provided by 42 U.S.C.A.…