TN 23 (08-22)

RS 02101.114 How to Develop Domestic Service Employment Relationship Determinations

The fundamental task is to determine if the worker performed domestic services pursuant to a contract of employment. The term “contract of employment” refers to an agreement, written or oral. An individual agrees to perform services for another person in exchange for money. The person who receives the services retains the right to exercise sufficient direction and control over the individual performing the services to create the legal relationship of employer and employee under the usual common-law rules.

Take the following actions to develop domestic service employment relationship determinations.

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  Consider the acts and conduct of the parties and the surrounding circumstances, including any communications between them, to determine if the domestic performed the services pursuant to an employment contract.

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  Use an SSA-7160 (Employment Relationship Questionnaire) to obtain information about the work arrangement to base a determination. When an alleged employer files a claim based on alleged wages paid to a relative or member of the same household for domestic services, request that the domestic and the alleged employer each complete an SSA-7160. Since this form is appropriate to gather the comprehensive information needed to develop domestic service employment, we encourage the use of this form. However, if you have obtained sufficient information to make a determination keep in mind that it is information SSA seeks.

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  Make every attempt to have each party complete the form individually in his or her own words without discussing the answers.

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  When appropriate, obtain other pertinent information in addition to that the SSA-7160 elicits. For coverage development in employer-employee cases, see RS 02101.800.

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  Evaluate all evidence and make a determination in accordance with the guides outlined in RS 02101.115.

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  In highly questionable cases, document the views as to the credibility of the parties, and the existence of the alleged relationship as the basis for the views on a Report of Contact.

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  Fax and store the SSA-7160 in the Non-Disability Repository for Evidentiary Documents (NDRED) using the Evidence Portal (EP). You can access the Evidence Portal (EP) at View Evidence - Evidence Portal (ssa.gov).