Arthur S. Flemming, Secretary of Health, Education and Welfare v. Marcelle H. Huycke

The sole question raised on this appeal is whether pursuant to 42 U.S.C.A. § 405 (g), the District Court was correct in deeming unsupported by substantial evidence the decision of the Referee of the Social Security Administration that appellee’s decedent, Dr. Austin H. Huycke, was not an employee of Dr. Lowell S. Devoe, Jr. from February 1, 1955 until July 17, 1956, the date of Dr. Huycke’s death. Appellant, citing Walker v. Altmeyer, 2d Cir., 1943, 137 F.2d 531 and United States v. LaLone, 9 Cir., 1945, 152 F.2d 43 , contends that the Referee’s determination was reasonably reached upon the evidence presented and should not have been disturbed. Since the Referee’s finding was predicated upon his judgment of the facts of the case rather than upon an interpretation of the law, the substantial evidence test is indeed applicable. See Irvin v. Hobby, D.C.N.D.Iowa 1955, 131 F.Supp. 851, 863 .

The pertinent statutory provision is 42 U.S.C.A. § 410 (k) (2), which declares that “any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee” is also an employee insofar as federal old age and survivors…