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SHORE v. CALIFANO

No. 78-1280.

589 F.2d 1232 (1978)

Shirley N. SHORE, Plaintiff-Appellee, v. Joseph CALIFANO, Secretary of Health, Education and Welfare, United States of America, Defendant-Appellant.

United States Court of Appeals, Third Circuit.

Decided December 12, 1978.

As Amended February 8, 1978.

Attorney(s) appearing for the Case

A. George Lowe, Special Asst. U. S. Atty., Baltimore, Md., Blair A. Griffith, U. S. Atty., Pittsburgh, Pa., Ronald R. Glancz, Atty., U. S. Dept. of Justice, Washington, D. C., Steven L. Jones, Atty., Dept. of H. E. W., Baltimore, Md., for defendant-appellant.

June S. Schulberg, Pittsburgh, Pa., for plaintiff-appellee.

Before SEITZ, Chief Judge, GARTH, Circuit Judge and WYZANSKI, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

The question which we must answer on this appeal is: by what evidence may an applicant for Social Security retirement benefits prove that she had "self-employment income" for particular quarters during which no entries of income appear in the records of the Social Security Administration? The Act provides that:

the absence of an entry in the Secretary's records as to the self-employment income alleged to...

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