Bonifacia Carrasco v. Secretary of Health, Education and Welfare

WISDOM, Circuit Judge.

This appeal presents the question whether, in the peculiar circumstances of this case, the plaintiff-appellant, Bonaficia Carrasco, is entitled to coverage for disability under the Social Security Act, 42 U.S.C. § 401 et seq., for self-employment income in Puerto Rico, a community property jurisdiction. The Secretary of Health, Education and Welfare (now Health and Human Resources) held that she had not overcome the statutory presumption, stated in 42 U.S.C. § 411(a)(5)(A), that in a community property jurisdiction income from a trade or business (other than one…