Walker v. Altmeyer, 261.
| Decision Date | 12 July 1943 |
| Docket Number | No. 261.,261. |
| Parties | WALKER v. ALTMEYER et al., Social Security Board. |
| Court | U.S. Court of Appeals — Second Circuit |
Francis M. Shea, Asst. Atty. Gen. and Harold M. Kennedy, U. S. Atty., and Vine H. Smith, Asst. U. S. Atty., both of Brooklyn, N. Y., Sidney J. Kaplan, Sp. Asst. to the Atty. Gen., and Jerome C. Strumpf, Atty., Department of Justice, of Washington, D. C., for appellants.
John E. Walker, of New York City, appellee in person.
Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
This action was brought under § 205(g), of the Social Security Act Amendments of 1939, 42 U.S.C.A. § 405(g), to compel the payment of primary insurance benefits after these had been denied by the Social Security Board. John E. Walker, the plaintiff, reached the age of sixty-five on October 4, 1938, and applied to the Social Security Board for a lump sum payment under the Social Security Act of 1935, 42 U.S.C.A. § 301 et seq. His application was granted and he received a payment of $107.80. Thereafter, on January 3, 1940, he filed another application for monthly insurance benefits following a notice from the New York field office of the Social Security Board that he was entitled to such payments if eligible under § 202(a) of the Social Security Act, as amended on August 10, 1939. 42 U.S.C.A. § 402(a). In his application Walker stated that he was not receiving wages of $15 or more per month for employment as defined by the Act. Under § 203(d) (1) of the Act, 42 U.S.C.A. § 403 (d) (1), he would not have been entitled to the monthly benefits had that not been the fact. On April 4, 1940, the Bureau of Old Age and Survivors Insurance of the Social Security Board certified to the plaintiff a monthly insurance benefit of $24.03 as of January, 1940. From the benefits of the first five months, which totaled $120.15, there was deducted the lump sum payment of $107.80 already received by Walker, leaving a balance of $12.35 which he received in May, 1940. He received thereafter his regular monthly benefits through February of 1941, but no further payments were made for the reason that the Bureau had received reports from Walker's former employer which indicated that he was receiving wages in excess of $15 a month. The Bureau then ruled that those payments which were accepted by Walker when he was earning more than that amount were to be deducted from future benefits and that a penalty deduction equal to twelve monthly benefits was required by § 203(g), 42 U.S.C.A. § 403(g), for failure to report the fact of his employment.
The plaintiff thereupon requested and received a hearing before a referee who concluded that the Bureau had correctly determined that he was employed for wages in excess of $15 a month. The penalty provisions assessed against the plaintiff's future benefits were, however, set aside and there was a recomputation of the basis of the future benefits. The Appeals Council, before which Walker then went, adopted the referee's determination and the findings made to support it.
This suit then followed and resulted in the denial of a motion by the defendants for summary judgment and the granting of the plaintiff's motion. Final judgment was entered for the plaintiff reversing the decision of the Social Security Board and remanding the cause to it to compute the primary insurance benefits to which the plaintiff was entitled without interest and to certify the amount and time of payments to the Managing Trustee pursuant to § 205(i) of the Social Security Act Amendments of 1939, 42 U.S.C.A. § 405(i).
The decision and findings of the referee show the following facts: Walker, a practicing attorney, rented office space from another attorney, Pliny Williamson, in the year 1927. Shortly thereafter Williamson hired Walker to perform legal services for him and paid Walker a fixed monthly salary. This arrangement, which likewise provided that the payment of rent should cease, continued until April 30, 1938, when a new arrangement was put into effect whereby Walker was to receive office space to be charged to him at $100 per month and was to work off the rent by performing services for Williamson at a...
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