42 U.S.C. § 411
LOCAL CONTROL OVER DEMONSTRATION PROJECTS.
“A qualified entity under this title, other than a State or local government agency or a tribal government, shall, subject to the provisions of section 413, have sole authority over the administration of the project. The Secretary may prescribe only such regulations or guidelines with respect to demonstration projects conducted under this title as are necessary to ensure compliance with the approved applications and the requirements of this title.
Notes of Decisions
Cited in 140
cases (1 in the last 5 years), 1952–2026 · leading case: Chariton Feed & Grain, Inc. v. Harder, 369 N.W.2d 777 (Iowa 1985).
Chariton Feed & Grain, Inc. v. Harder, 369 N.W.2d 777 (Iowa 1985). “42 U.S.C.A. § 411 (a)(1) (1983). On the other hand, net earnings from self-employment include a partner's distributive share of a partnership.”
Heckler v. Edwards, 465 U.S. 870 (1984). “502 , as amended, 42 U. S. C. § 411 (a)(5)(A), which established a gender-based presumption concerning the allocation of income from family businesses in community property States.”
Ted Martin v. Louis W. Sullivan, Sec'y of the Dep't of Health & Human Servs., 894 F.2d 1520 (11th Cir. 1990). “and, therefore, were presumptively excluded as excess wages pursuant to 42 U.S.C.A. § 411 (a)(2). Appellant's Reply Brief at 18.”
Bonifacia Carrasco v. Sec'y of Health, Educ. & Welfare, 628 F.2d 624 (1st Cir. 1980). “The Secretary of Health, Education *625 and Welfare (now Health and Human Resources) held that she had not overcome the statutory presumption, stated in 42 U.S.C. § 411 (a)(5)(A), that in a community property jurisdiction income from a trade or business (other than one conducted…”
George F. Delno v. Anthony J. Celebrezze, Sec'y of Health, Educ. & Welfare, 347 F.2d 159 (9th Cir. 1965). “42 U.S.C.A. § 411 (a). We think this concession is proper.”
Irving Grosswald v. Richard Schweiker, Sec'y of Health & Human Servs., 653 F.2d 58 (2d Cir. 1981). “Weinstein, Chief Judge, that one who holds himself out to another — here, the bank for which he formerly had worked — as engaged in the selling of goods or services, is carrying on a “trade or business” within the meaning of section 162 of the Internal Revenue Code, and…”
Anthony J. Celebrezze, Sec'y of Health, Educ. & Welfare v. Celeste R. Maxwell, 315 F.2d 727 (5th Cir. 1963). “The Secretary had held that this income did not constitute “self-employment income” as defined in the Social Security Act, 42 U.S.C. § 411 (a) (1), because the appellee had not within the meaning of the Act “materially participated” in the production of agricultural commodities…”
Ray Rasmussen v. John W. Gardner, Sec'y of Health, Educ. & Welfare of the United States of Am., 374 F.2d 589 (10th Cir. 1967). “The issue on appeal relates to this enterprise, and whether under the Social Security Act a part of the earnings from its operation could be credited to the account of appellant’s wife ( 42 U.S.C.A. § 411 (a)). The appellant and his deceased wife were married in 1941.”
Tommy v. Greenhow v. Sec'y of Health & Human Servs., 863 F.2d 633 (9th Cir. 1988). “§§ 211(a), (b), 42 U.S.C. § 411 (a), (b) (1982 & Supp. Ill 1985) (defining “net earnings from self-employment” and “self-employment income”).”
Russell McNeilly v. Bankers United Life Assurance Co., 999 F.2d 1199 (7th Cir. 1993). “" Thus, income and deductions related to real estate rentals are not considered in calculating self-employment income for purposes of either taxation or eligibility for retirement benefits.”
Reddington v. Bowen, 640 F. Supp. 1005 (E.D.N.C. 1986). “The Appeals Council found that GMA’s income was “rental income” within the meaning of 42 U.S.C. § 411 (a)(1). The Council then concluded that GMA’s payments to claimant for his managerial efforts were merely “guaranteed payments” of the same nature and quality as GMA’s…”
Allen S. Berman v. Richard S. Schweiker, Sec'y of Health & Human Servs., Defendant, 713 F.2d 1290 (7th Cir. 1983). “Furthermore, as a result of the instant case, the SSA would be well advised to reevaluate its procedures for determining for earnings record credit purposes whether an individual who has specialized research skills (as Berman does with respect to library research and military…”
— 42 U.S.C. § 411(a) — 10 cases
George F. Delno v. Anthony J. Celebrezze, Sec'y of Health, Educ. & Welfare, 347 F.2d 159 (9th Cir. 1965). “42 U.S.C.A. § 411 (a). We think this concession is proper.”
Ivan M. Hoffman v. Abraham A. Ribicoff, Sec'y of Health, Educ. & Welfare, 305 F.2d 1 (8th Cir. 1962).
Anthony J. Celebrezze, Sec'y of Health, Educ. & Welfare v. Celeste R. Maxwell, 315 F.2d 727 (5th Cir. 1963). “The Secretary had held that this income did not constitute “self-employment income” as defined in the Social Security Act, 42 U.S.C. § 411 (a) (1), because the appellee had not within the meaning of the Act “materially participated” in the production of agricultural commodities…”
Henderson v. Flemming, 283 F.2d 882 (5th Cir. 1960).
Hudson v. Celebrezze, 220 F. Supp. 738 (E.D.N.C. 1963).
— 42 U.S.C. § 411(b) — 2 cases
Clevenger v. Weinberger, 375 F. Supp. 821 (W.D. Mo. 1974).
Shelden v. Hobby, 125 F. Supp. 263 (D. Kan. 1954).
— 42 U.S.C. § 411(c) — 1 case
Shelden v. Hobby, 125 F. Supp. 263 (D. Kan. 1954).
— 42 U.S.C. § 411(f) — 1 case
Young v. Gardner, 259 F. Supp. 528 (S.D.N.Y. 1966).
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