TN 24 (11-23)

RS 02505.100 Development Guides in SS Cases - Procedure

When there is insufficient information on which to make a determination, obtain a signed statement from the beneficiary, if not previously submitted, covering all information about monthly services and the circumstances under which they are rendered.

When additional information is needed contact someone in a position to know the facts.

Consider the following questions in getting complete factual development:

  • In what type of trade or business were the services rendered?

  • What is the beneficiary's status in the business (sole owner, partner, etc.)?

  • What is the approximate value of the business and what percentage does the beneficiary own?

  • How many full and part-time employees work in the business?

  • If any of the employees are related to the beneficiary, what is the relationship of each?

  • What were the regular business hours? If the regular business hours varied during certain months of the year, what were the variances and the reason for them?

  • What were the beneficiary's duties and responsibilities?

  • How much skill does the work require?

  • Are high earnings derived from the business based on the beneficiary's personal services?

  • To what extent are the earnings of the business based on the capital invested in it?

  • Did the beneficiary regularly go to the place of business and, if so, how long did they usually spend there each day?

  • Did the beneficiary devote time to the business while away from the place of business?

  • What were the total number of hours devoted to the business by the beneficiary during each month for which the issue of substantial services must be resolved?

  • If the beneficiary was away on vacation, on what dates did the vacation begin and end?

  • If the beneficiary did not work because of illness or injury, on what date did they become unable to work and on what date did they return to work?

  • How do the services in question compare with services rendered by the beneficiary in prior years?

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RS 02505.100 - Development Guides in SS Cases - Procedure - 11/14/2023
Batch run: 11/14/2023