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Employer-Employee Relationship

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Westlaw Citation Oldham V. Sec'y HHS

Court affirms Appeals Council's finding that plaintiff's informal work relationship with his wife and mother-in-law did not constitute employment for purpose of old-age insurance coverage. In a case involving closely related and closely living individuals claiming an employer-employee relationship, the entire picture of the history and circumstances of the parties must be considered. Once Appeals Council takes jurisdiction of a case to review error of law, review can permissibly encompass the entire record.

1/1/1983
Westlaw Citation Velez V. Sec'y HHS

Secretary affirmed in finding that claimant's domestic work for her brother-in-law was not employment and that she lacked sufficient quarters of coverage to be entitled to retirement benefits. The payment of a sum of money alone does not establish an employer-employee relationship. That depends upon the common law rules, including the employer's right to discharge the employee and to control the work and activities of the employee. In a case involving closely related and closely living individuals claiming an employer-employee relationship, the entire picture of the history and circumstances of the parties must be considered.

1/1/1979


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