McDevitt v. Harris

MEMORANDUM

LOUIS H. POLLAK, District Judge.

Plaintiff, Helen A. McDevitt, brought this appeal from a decision of the Secretary of Health, Education and Welfare (now, Health and Human Services), in which the Secretary denied Ms. McDevitt’s request for retirement insurance benefits. The single question presented by this appeal is whether the Secretary applied the proper standards in concluding that the sums which Mr. McDevitt earned by baby-sitting in 1974-76 were not income derived from a “trade or business” within the meaning of 42 U.S.C. § 411(a).

I

The facts are not in dispute. In July, 1977,…