Arthur T. Conley v. Abraham A. Ribicoff, Secretary of Health, Education and Welfare

This appeal stems from the rejection by the Bureau of Old Age and Survivors’ Insurance in the Department of Health, Education and Welfare of Arthur T. Conley’s application for federal old age insurance benefits under the Social Security Act (49 Stat. § 622 as amended, 70 Stat. § 824, 42 U.S.C.A. § 401 et seq.). After the claims officer of the Bureau refused to reconsider the matter a hearing was had before an agency referee who sustained the Bureau. The Appeals Council of the Social Security Administration denied review and thus constituted the referee’s determination the final decision of the Secretary. Goldman v. Folsom, 3 Cir., 1957, 246 F.2d 776 . Conley’s suit in the District Court for judicial review of that decision as provided by 205(g) of the Act terminated in a summary judgment against him. This Court has jurisdiction of the appeal under Sec. 205(g) and 28 U.S.C.A. § 1291 .

Conley made his application as a person who had been gainfully self-employed, but the Bureau took the position, and the referee decided, that Conley did not qualify and was ineligible for benefits on the sole ground that the income for 1956 and 1957 on which he had paid social security tax pursuant…