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.