Lonnie W. Hettrick, Plaintiff-appellant, v. Otis R. Bowen, Secretary, Department of Heath and Humanservices, Defendant-appellee, 823 F.2d 547 (4th Cir. 1987)

Annotate this Case
US Court of Appeals for the Fourth Circuit - 823 F.2d 547 (4th Cir. 1987) Argued April 8, 1987. Decided July 7, 1987

Linda Louise Furman, for appellant.

Deborah Fitzgerald, Assistant Regional Counsel, Office of the General Counsel, Department of Health & Human Services (Beverly Dennis, III, Chief Counsel, Region III; James C. Newman, Supervisory Assistant, Regional Counsel; Henry E. Hudson, United States Attorney; Larry W. Shelton, Assistant United States Attorney, on brief), for appellee.

Before WIDENER and HALL, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


The claimant, Lonnie W. Hettrick, appeals from the district court's order granting summary judgment in favor of the Secretary.

The Secretary declined to give plaintiff credit for his earnings during certain quarters of 1942-1947 so that plaintiff would be fully covered within the meaning of the Social Security Act. Plaintiff lacked two quarters of coverage to be fully covered.

During the quarters in question, plaintiff was admittedly employed by the Navy Department, and not under a Civil Service retirement program. But that does not end the matter, for during this period such federal employees were not within the coverage of the Social Security Act, as the Secretary and the district court correctly decided.