Tommy v. Greenhow v. Secretary of Health & Human Services

We consider two principal issues in this appeal: first, the extent to which, in matters submitted to a magistrate, a litigant’s failure to present his contentions either to the magistrate or the district court will bar him from raising those contentions on appeal; and second, whether the conclusion of the Secretary of Health and Human Services that appellant was an employee within the meaning of Title II of the Social Security Act, 42 U.S.C. §§ 401-433 , is supported by substantial evidence.

Facts

Appellant Tommy V. Greenhow received retirement insurance benefits under section 202(a) of the Social Security Act, 42 U.S.C. § 402 (a) (1976), for the calendar years 1979, 1980 and 1981. Greenhow was later notified that his benefits were subject to retro active work deductions because he had earned $12,000 in each of those years. He requested a hearing before an administrative law judge, claiming that the $12,000 figure did not reflect business expenses that he was entitled to deduct as a “commissioned employee” responsible for paying his own expenses.

The AU ruled against Greenhow, and the appeals council denied review. Green-how then sought judicial review under section 205(g) of…