FOs may use Form SSA-5002 (Report of Contact) to clarify and supplement information, or report any personal knowledge relating
to the issue. If evidence is unavailable, or if you cannot reconcile discrepant statements,
document the file with your opinion on whether circumstances appear reasonable, and
give a complete explanation of the basis for the conclusion.
Case development is complete when it shows the extent that the alleged employer directs
and controls the worker.
In some cases, a simple explanation from the worker may remove the doubt about the
employment relationship. For example, when a worker explains that a state or local
government employed him or her and extended coverage under a Federal-State agreement.
When an explanation suffices to remove the doubt, the case requires no further development.
However, if the explanation is not convincing, obtain any of the following pertinent
information:
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The kind of business operated by the employer;
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Whether the business is a sole proprietorship, partnership, or corporation;
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Whether the worker was a partner or had any proprietary interest in the business,
and the periods in which he or she owned such interest;
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Relationship, if any, of the worker to the employer;
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Type of services performed by the worker;
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Agreement between worker and employer as to rate of remuneration, working hours, controls
over services, etc.;
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If tax returns and wage reports for this worker were filed late, and the reason for
the delay;
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If the worker did not file tax returns and wage reports, and the reason for the failure
to file; and
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Whether the employer had other employees during the same period and whether the employer
filed tax returns and wage reports for such employees.
It may prove productive to obtain Forms SSA-7160 (Employment Relationship Questionnaire)
from both the worker and the employer. If you use Form SSA-7160, fax and store the
form in the Non-Disability Repository for Evidentiary Documents (NDRED) using the
Evidence Portal (EP).