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MERRELL v. GARDNER

No. 25466.

397 F.2d 65 (1968)

Dock MERRELL, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

July 5, 1968.

Attorney(s) appearing for the Case

Fred H. Hodges, Jr., Harvey N. Pearce, Macon, Ga., for appellant.

Alan S. Rosenthal, Daniel Joseph, Attys., Dept. of Justice, Washington, D. C., Edwin L. Weisl, Jr., Asst. Atty. Gen., Floyd M. Buford, U. S. Atty., for appellee.

Before GEWIN and THORNBERRY, Circuit Judges, and EDENFIELD, District Judge.

THORNBERRY, Circuit Judge:

In 1965 Dock Merrell, an illiterate Negro from Wilkinson County, Georgia, applied for Social Security old-age benefits. The District Office of the Social Security Administration disallowed his claim on the ground that he was born on December 30, 1904 and therefore had not reached the required age of sixty-two. Appellant then pursued his administrative remedies and won a determination from a hearing examiner that he was born on December 30...

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