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HUSKA v. GARDNER

No. 23171.

367 F.2d 863 (1966)

Andrew HUSKA, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

October 27, 1966.

Attorney(s) appearing for the Case

Andrew Huska, pro se.

Thomas M. Buamer, Asst. U. S. Atty., Jacksonville, Fla., Edward F. Boardman, U. S. Atty., M. D. Florida, for appellee. Eli Kaplan, Deputy Regional Atty., Dept. of Health, Education, and Welfare, Atlanta, Ga., of counsel.

Before BROWN, GEWIN and GOLDBERG, Circuit Judges.

PER CURIAM.

The present appeal, unlike so many we receive involving claims for Social Security disability benefits, presents solely a question of statutory construction in the computation of the amount payable. The parties agree that in Claimant-Appellant's own unique case, it would be advantageous to him to use his earnings in the years beginning in 1937, because they were considerably higher than his earnings subsequent to 1949 when he became self-employed. The...

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