KATHLEEN BULLOCK, APPELLANT,
v.
ANTHONY J. CELEBREZZE, SECRETARY OF HEALTH, EDUCATION AND WELFARE, APPELLEE

4th Cir. | 1966-05-06
No. 10305
360 F.2d 615 United States Court of Appeals for the Fourth Circuit (1966) Positive Treatment
Cited by 2 cases

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Holding

The court held that a bona fide employment relationship was not created by merely labeling payments as wages when the substantive relationship and duties remained unchanged.


Facts & Procedural History

A claimant for Social Security benefits kept house for her brother, who provided all her support. To qualify her for benefits, he began issuing checks…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This claimant for Social Security benefits appeals from an adverse decision premised upon the absence of coverage.

For many years the claimant has kept house for her bachelor brother. He supplied all the funds with which she ran the household and procured her personal necessities. On his income tax returns, he claimed her as a dependent and took a deduction on that account. Solely for the purpose of qualifying her for benefits under the Social Security Act, the financial arrangement between brother and sister was altered, so that he periodically gave her a check denominated wages. Thereafter, the Social Security taxes were paid, and the brother ceased claiming her as a dependent upon his income tax returns.

Benefits were denied on the basis of a finding that there was no bona fide employment relationship. That finding is supported by the fact that there was no change whatever in the substantive relationship between the parties or in the domestic duties the claimant performed. The brother frankly conceded that it was hardly conceivable that he would discharge his sister whatever she did or did not do, and it is plainly infer-able that he would continue the financial burden of her entire support if she became totally disabled from performing any domestic duties whatever. In the absence of any substantive change in the longstanding relationship between claimant and her brother, we do not think the change in the label the parties applied to the funds which the brother advanced for his sister’s support and the operation of the household required a finding that a bona fide relationship of employer and employee had been created. See Sabbagha v. Cele-brezze, 4 Cir., 345 F. 2d 509; Murray v. Folsom, D.C.D.C., 147 F.Supp. 298; Thurston v. Hobby, W.D.Mo., 133 F. Supp. 205; Norment v. Hobby, D.C. M.D., 124 F.Supp. 489.

Affirmed.


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