Hernandez v. U. S. Secretary of Health, Education & Welfare

307 F. Supp. 338, 1969 U.S. Dist. LEXIS 12619
CourtDistrict Court, D. Puerto Rico
DecidedDecember 16, 1969
DocketCiv. No. 769-68
StatusPublished
Cited by6 cases

This text of 307 F. Supp. 338 (Hernandez v. U. S. Secretary of Health, Education & Welfare) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernandez v. U. S. Secretary of Health, Education & Welfare, 307 F. Supp. 338, 1969 U.S. Dist. LEXIS 12619 (prd 1969).

Opinion

ORDER AND MEMORANDUM OPINION

FERNANDEZ-BADILLO, District Judge.

Claimant Josefa Hernández seeks judicial review in this Court pursuant to 42 U.S.C. § 405(g) of the final decision reached by defendant disallowing her claim for old-age insurance benefits on the ground that she failed to establish the required eleven quarters of coverage for fully insured status under the Social Security Act.

The basic facts underlying this case are not in conflict. Plaintiff filed a prior written application for old-age insurance benefits on September 25, 1963 based on self-employment income derived during the years 1960, 1961 and 1962 from her labor as a seamstress. This 1963 application was denied and no further administrative action was taken by her. The current application for old-age insurance benefits is based on net earnings from self-employment1 as a seamstress during the years 1963, 1964, 1965 and 1966. It is undisputed that she needs eleven quarters of coverage to be a fully insured individual entitled to old age insurance benefits. A “quarter of coverage” requires that an individual have been credited with $100 or more of self-employment income in each quarter of the year. 42 U.S.C. § 413(a) (2). In order to be credited with self-employment income an individual must have received net earnings from a trade or business of at least $400.00 in the taxable year. Kelley v. Celebrezze, 243 F.Supp. 18 (D.N.J., 1965).

The sole issue between the parties is based upon the existence of the claimed net earnings.2 The Hearing Examiner has concluded as follows:

“Because of the claimant’s advanced years and her lack of understanding record keeping, there must necessarily be some doubt about the accuracy of the amount shown as cash received.

[340]*340In the absence of better corroborating evidence than she was able to submit or the Administration’s investigator was able to find, there is insufficient proof of actual receipt of these amounts. For the reasons stated, the Examiner is constrained to find that the claimant has not acquired any quarters of coverage for Social Security purposes and that her claim must be denied.”

Plaintiff filed income tax returns as a self-employed person for the years 1968, 1964,1965 and 1966 and paid self-employment tax on the amounts reported therein. The returns for these years disclose the following incomes obtained from her seamstress trade:

Year Total Income Net
1963 (Tr. p. 80) $725.00 $725.00
1964 (Tr. p. 86) 825.00 825.00
1965 (Tr. p. 92) 700.00 700.00
1966 (Tr. p. 103) 600.00

She reported no business expenses for any of these years, consequently the figures for total and net incomes were exactly the same. Claimant testified that a Social Security employee instructed her to write down how much money was received from the various jobs and her expenses “on each one of these cases.” (Tr. p. 21) The expenses, listed in a notebook for the years in issue, were not business but rather personal expenses such as church donations, food, medicines and clothing. The Hearing Examiner found that her business expenses were minimal since her sewing machine was paid for and “rental expenses attributable to the business could not possibly amount to more than $100 a year.” However, the Examiner determined that her inadequate records, unsupported by better corroborating evidence, were insufficient proof of actual receipt of the amounts claimed as net earnings.

Other documentary evidence offered by plaintiff consists of a school notebook containing entries of her clients from 1963 through 1966 with their names and addresses and the amounts paid by them each year for her sewing services (Ex. 2; Tr. 46-79). She explained that these entries were made in loose-leaf papers which were thrown away when transferred to the notebook (Tr. p. 135) and that one of the reasons for preparing the book was “to see if I could get the signatures of all these people but, as it happened, a lot of times I would go over and visit the clients and they would not be there”. (Tr. p. 29) Not one of the thirty clients included by her in the 1966 listing made in the notebook (Exh. 4) signed their names under the amounts set forth therein as collected from them for services during that period. Attempts made by representatives of the Social Security Administration to locate as many clients as possible revealed that many of these had either gone to the United States or moved elsewhere.3 Interviews with those clients who could be contacted established that plaintiff sewed for them but none of them could give any information with respect to the amount of money paid to plaintiff for her work. [341]*341(Tr. pp. 37, 38, 109, 117-118, 136-137, 144, 146) Ernesta Casilla who appears as one of the clients signing the notebook indicated in a written statement that she did not recall having signed a notebook for Josefa Hernández. (Tr. p. 144). She stated that during a period of approximately two years plaintiff “might have made fifteen dresses * * * for $1.25 or $2.00 per piece.” Plaintiff’s notes show only that she collected $28.00 from this client in 1963 (Tr. p. 48).

Rev. José Hernández, claimant’s pastor, appeared as a witness on her behalf and testified that she had a good reputation in the community but he did not know anything about her sewing business (Tr. p. 33). Although he recognized the names of several clients listed in the notebook who were members of his church he couldn’t affirm whether any of them had work done by claimant (Tr. p. 36). Andrea Diaz, the other witness for plaintiff, declared at the hearing that the signature appearing under her name in the notebook was her own but stated she couldn’t specify as to the amount of money actually paid.

A statement obtained from Mario Roldán Cass, plaintiff’s landlord, as part of the field investigation conducted by the Social Security Administration revealed that she pays him $30.00 of monthly rental. He did not know if she sewed “for business or not” and could not say “what her sources of income are” (Tr. p. 176). In other statement secured in 1964 from Ana Luisa Fernández, claimant’s niece, as part of the investigation surrounding the 1963 application 4 she certified having paid her aunt about $100.00 for her services the year before, meaning in 1963. This person’s name does not appear among those listed by claimant (as client for 1963) or any other year in the notebook offered by her in evidence as proof of earnings.

A Request for Reconsideration of the denial of her claim was signed by Josefa Hernández on February 25, 1967 and it was there indicated that the following additional evidence would be submitted: “a dozen certifications from some of the persons for whom I did sewing in 1960, 1961, 1962, 1963, 1964 and 1965.

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Cite This Page — Counsel Stack

Bluebook (online)
307 F. Supp. 338, 1969 U.S. Dist. LEXIS 12619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-u-s-secretary-of-health-education-welfare-prd-1969.