BURKE v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 81-3210.

680 F.2d 1128 (1982)

Cathryn C. BURKE, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 22, 1982.


Attorney(s) appearing for the Case

Dale F. Kainski, Asst. U. S. Atty., Cleveland, Ohio, A. George Lowe, Dept. of Health and Human Services, Baltimore, Md., for defendant-appellant.

John A. McNally, III, Youngstown, Ohio, for plaintiff-appellee.

Before MARTIN, Circuit Judge, WEICK, Senior Circuit Judge, and GUY, District Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

On this appeal we are presented with the question of what evidence may establish an earnings record for social security purposes after the expiration of the statutory time limitation.

Cathryn Burke was denied benefits by the Secretary because she failed to establish a sufficient number of quarters of self-employment to qualify for insured status under the Social Security Act. See 42 U.S.C. § 413(a)(2). Before...

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