Ellis v. Gardner

OPINION

HANNUM, District Judge.

This is a suit under Sec. 205(g) of the Social Security Act, 42 U.S.C. Sec *766405(g) to review a “final decision” of the defendant Secretary of Health, Education and Welfare. Both parties have moved for summary judgment.

On September 1, 1965, the plaintiff filed her application for old age insurance benefits which would commence as of her 62nd birthday on October 13,1965. Old age benefits were awarded her on January 10, 1966. The benefits awarded did not include credit for self-employment income for the year 1958. The income tax form which the claimant had filed…