and situations of individual payees are to be considered in determining whether the necessary degree of care has been exercised by an individual to warrant a finding that he was without fault in accepting a 'deduction overpayment'.'
Price is an attorney at law licensed to practice in New Jersey and in the District of Columbia. The Court also takes judicial notice that a telephone call to any of the branch offices of the Department of Health, Education and Welfare will result in courteous and complete answers to all questions concerning Social Security benefits. Further, the Referee found that Price received with his December 1954 benefit check a document entitled 'The New Social Security Act' which stated in part:
'In computing your total earnings, you must include all your earnings regardless of whether you were working for someone else, working for yourself as a self-employed person, or whether you were working in an occupation not covered by the Social Security Act. Include all your earnings for your taxable year, regardless of source. From this total you may deduct any net loss from self-employment before reporting the total amount.'
Price also received, early in 1955, a form which stated 'While you are under the age 72, your benefits may not be payable for one or more months of a year in which your total earnings from any kind of work exceed $ 1,200. Report to the Social Security Administration promptly if, while you are under age 72, you expect your earnings from any employment and self-employment to exceed $ 1,200 for the year.'
This Court has jurisdiction only to review the record of the proceedings before the Administrator. Hobby v. Hodges, 10 Cir., 1954, 215 F.2d 754. The findings of the Administrator, if supported by substantial evidence, are conclusive on this Court. 42 U.S.C.A. § 405(g). As long as the judgment is based on conclusions reached after due consideration of all relevant evidence presented, after the parties have been given a fair hearing, this Court has no power to disturb such a ruling. Walker v. Altmeyer, 2 Cir., 1943, 137 F.2d 531. The Referee's finding in this case that Price was not without fault and thus liable for the repayment is based on substantial evidence and is therefore binding on this Court. Even if Price had been without fault, the burden further lay upon him to establish that a repayment by him of the overpayments would either defeat the purposes of the Social Security Act or would be against equity and good conscience. Irvin v. Hobby, D.C.Iowa 1955, 131 F.Supp. 851, 865. The decision of the Referee in this regard, not being arbitrary or capricious, should also be upheld.
Finally, on the basis of the foregoing, the prayer of Price for a declaratory judgment that he is eligible for Social Security benefits at the present time must be denied. The motion for summary judgment for the defendant Secretary is granted. An appropriate order may be submitted.