HOFFMAN v. RIBICOFF

No. 16821.

305 F.2d 1 (1962)

Ivan M. HOFFMAN, Appellant, v. Abraham A. RIBICOFF, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 6, 1962.


Attorney(s) appearing for the Case

James A. Stemmler, of Stemmler & Stemmler, St. Louis, Mo., for appellant.

John G. Laughlin, Atty., Dept. of Justice, Washington, D. C., for appellee. William H. Orrick, Jr., Asst. Atty. Gen., Washington, D. C., and D. Jeff Lance, U. S. Atty., St. Louis, Mo., with him on the brief.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.


RIDGE, Circuit Judge.

The principal question in this appeal is whether the appellant, who had an insured status under the Social Security Act (42 U.S.C.A. § 402(a)), was entitled to a recalculation of his old-age insurance benefits on the basis of claimed self-employment income derived in the year 1956 from leased farm land. The Appeals Council in the Social Security Administration (20 C.F.R. 403.710(e)) ruled that such income did not constitute "self-employment...

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