Stevenson v. Flemming
| Decision Date | 24 October 1960 |
| Citation | 200 F. Supp. 705 |
| Parties | Frances STEVENSON, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Sol J. Shapiro, New York City, for plaintiff.
S. Hazard Gillespie, Jr., U. S. Atty., New York City, for defendant; Arthur V. Savage, Asst. U. S. Atty., New York City, of counsel.
The defendant moves for summary judgment and plaintiff cross-moves for judgment on the pleadings or summary judgment, in an action brought by the plaintiff, pursuant to 42 U.S.C.A. § 405 (g), to review the final decision of the Secretary of Health, Education and Welfare denying plaintiff certain old age benefits claimed under 42 U.S.C.A. § 402 (a).
On July 14, 1956, plaintiff made application for old age insurance benefits. The Bureau of Old Age and Survivors Insurance disallowed the application, finding that she had not acquired the six quarters of insured coverage required under the Act, 42 U.S.C.A. § 414(a). The Bureau refused to give the claimant credit for time in which she was allegedly employed by her brother as a domestic, finding that no genuine employment relationship had ever existed. Plaintiff requested and received a hearing before the Referee, who upheld the denial of benefits, finding that "a bona fide employment relationship did not exist between claimant and brother at any time." (Tr. 9). Plaintiff's request for a review of the Referee's decision was denied by the Departmental Appeals Council on May 5, 1958.
42 U.S.C.A. § 405(g) provides that "the findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive," and the courts have uniformly followed this criterion in reviewing administrative determinations in Social Security cases. See, e. g. Walker v. Altmeyer, 137 F.2d 531 (C.A. 2, 1943); Thurston v. Hobby, 133 F.Supp. 205 (W.D.Mo.1955); Crooks v. Folsom, 156 F.Supp. 631 (E.D.N.Y.1957). The reviewing court is not free to substitute any inferences it may draw from the facts for those made by the administrative body entrusted with the enforcement of the statute, provided that this administrative determination was based upon substantial evidence in the record. See, e. g. Walker v. Altmeyer, supra. Moreover, plaintiff does not contend that the Referee improperly interpreted the applicable statute; it is clear that the determination of whether a genuine employment relationship existed is a factual one. See Irvin v. Hobby, 131 F.Supp. 851, 863 (N.D.Iowa, 1955); cf. United States v. LaLone, 152 F.2d 43 (C.A. 9, 1945).
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...842 (1971); Herbst v. Finch, 473 F.2d 771 (2d Cir. 1972); Levine v. Gardner, 360 F.2d 727 (2d Cir. 1966); Stevenson v. Flemming, 200 F.Supp. 705 (S.D.N.Y.1960) (Kaufman, D. J.), aff'd on opinion below, 297 F.2d 811 (2d Cir. 1961). Inferences and conclusions drawn by the Secretary from the b......
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Sabbagha v. Celebrezze, 9709.
...by the Secretary and the inferences and conclusions drawn therefrom were supported by substantial evidence. See Stevenson v. Flemming, 200 F.Supp. 705, 706 (S.D.N.Y.1960); aff'd per curiam sub nom., Stevenson v. Ribicoff, 297 F.2d 811 (2 Cir. 1961), where it was held that, in Social Securit......
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