Louie Miller v. Arthur S. Flemming, Secretary of Health, Education and Welfare

This is an appeal from a judgment affirming an administrative order of the appeal council of the Social Security Administration, Department of Health, Education and Welfare, denying appellant old age benefits under Title II of the Social Security Act, 42 U.S.C.A. § 401 et seq. The question presented is whether plaintiff has the necessary quarters of coverage for a fully insured status entitling him to old age insurance benefits. The answer to that question depends upon whether payments to appellant for certain services performed for the city of Los Angeles were, within the meaning of the Act, earnings from self-employment as an independent contractor or constituted wages received as an employee of the city. If during the period in question appellant was not an employee but worked and was paid as an independent contractor he qualifies for the benefits sought, otherwise not.

For 50 years prior to March 1955 appellant was a city employee in the Bureau of Street Maintenance which conducts and supervises maintenance, repair and clearance of the city streets. During the latter part of such employment appellant was director of the bureau and had supervision over all its activities and…