327 F. Supp. 562 | D.P.R. | 1971
MEMORANDUM and ORDER
Claimant, Maria Cardona, filed an application for old-age insurance benefits on March 16, 1966 under section 202(a) of the Social Security Act,
The Court’s task on review is to decide whether there is substantial evidence in the record to support the Secretary’s factual determination that claimant was not insured because she had earned no quarters of coverage
Maria Cardona, born in the year 1894, has asserted that she first obtained employment when she was over 70 years old. Her claim for retirement benefits is based on the wages allegedly paid by her deceased husband’s brother and sister. She testified that she worked at the bakery of Eusebio Velez, her brother-in-law, for two years cleaning and waxing floors, washing baking utensils and doing domestic chores during her extra hours. She recalled working eight hours a day and receiving from $22 to $25 weekly for her regular work at the bakery.
The remaining evidence has to do essentially with plaintiff’s work for her sister-in-law, Eusebia Velez, for whom she allegedly did housekeeping work besides assisting her in a clothes bazaar with “the finishing of clothes, the hemming of the dresses and the delivery of same” during the years 1965 and 1966 (Tr. pp. 54, 55 & 65). Her main duties were as housekeeper for Eusebia. In a
“I am still working for Eusebia Velez. I do not know how much she pays me. I think it is $18.00 per week. I do not know how much she deducted. I do not know how much I receive exactly each week. I want to clarify that since I am working for Eusebia Velez I have always receive [d] $18.00 not less than that amount. I have a fixed salary of $18 weekly”. (Tr. p. 52)
During the hearing she again stated that she was paid the sum of $18.00 a week. Her employer, in turn, indicated that she kept no records and that claimant’s salary varied from $15 to $18 weekly in cash (Tr. p. 54). When questioned as to the fixed sum of $218.00 reported as wages paid by her for the last two quarters of 1965 and the first quarter of 1966
The brief testimony of witnesses Pedro Aviles and Juan Quiles add little to the facts except that each one stated they knew she had worked for her alleged employers.
This is a troublesome case for the record is plagued with contradictions and small inconsistencies which cannot be ignored. In addition to those already discussed, there is a flagrant contradiction in the declarations given by both claimant and Mrs. Velez in an effort to explain plaintiff’s absence from work on May 6, 1966. In a written statement plaintiff said:
“Today (5/6/66) I have not reported to the work for Eusebia Velez because I have two grandchildren who are ill and I am caring for them.”
Eusebia Velez, on her part, stated:
“Maria Herminia Cardona is not today (5/6/66) at my home because I sent her to deliver some dresses to my customers.”
Neither of the two employers produced records to support their assertions. Plaintiff was advised in the notice of hearing before the examiner that she should bring her employers and all of their records since 1960 including income tax and social security returns (emphasis supplied). In a written statement made by plaintiff in 1966 (Tr. p. 47) she asserts that employer Eusebio Velez filed tax returns for her. No such documents were made a part of the record.
It is a settled rule in Social Security cases that the resolution of conflicting evidence and the evaluation as to the credibility of witnesses rests with the Secretary. Deel v. Gardner (W.D.Va.1968) 288 F.Supp. 105; Collins v. Secretary of Health, Education and Welfare (W.D.Ark.1968) 286 F.Supp. 81; Lamont v. Finch (D.C.Pa.1970) 315 F.Supp. 59. It can hardly be contested that the vagueness and repeated contradictions found in the oral and documentary evidence cast serious doubt upon the employer-employee relationship claimed.
In the case of Reynolds v. Gardner, (W.D.Va.1966) 271 F.Supp. 676, aff’d (4th Cir. 1967) 381 F.2d 380, the Court
“The entire record, both facts and inferences that can be drawn from these facts, is to be considered. To reverse the Secretary’s decision, it is not enough that this court find that a decision to the contrary would also be reasonable, rather this court must come to the conclusion that the decision below was not rational.”
Upon the facts and the inferences drawn therefrom, the Court is bound to uphold the Secretary’s decision in the present case. It is clear that the Secretary’s findings rest in great measure upon credibility determinations made after evaluating the testimony of the various witnesses and the written statements made. Under these circumstances, his findings are conclusive and binding. A careful study of the entire record leads to the conclusion that the Secretary as trier of the facts made a reasonable and fair determination supported by substantial evidence of plaintiff’s claim.
The complaint must be dismissed and the decision of the Secretary of Health, Education and Welfare denying old-age benefits is hereby affirmed.
. Hereinafter referred to as the Act.
. Under tlie provisions of the Act, an individual of plaintiff’s age is required to have 5 quarters of coverage to be fully insured.
. Claimant could not state how much more she was paid by Eusebio Velez for her domestic work during “extra hours.”
. Section 213(a) (1) of the Act defines a quarter or a calendar quarter as a period of three calendar months ending on March 31, June 30, September 30, or December 31. The term quarter of coverage is defined therein as a quarter in -which an individual has been paid $50 or more in wages.
. Yuyo Velez and Eusebio Velez are the same person.
. See: Statement of Employer, Tr. p. 49.
. Aviles said that plaintiff ■worked “in Eusebia’s house,” and Quiles testified that “she worked in Yuyo Velez’ bakery * * * but I don’t know exactly when” (Tr. pp. 24, 25 & 26).