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pdfSOCIAL SECURITY ADMINISTRATION
Form Approved
OMB No. 0960-0040
TOE 420
EMPLOYMENT RELATIONSHIP QUESTIONNAIRE
This questionnaire is authorized by Section 205(a) of the Social Security Act, as amended (42 U.S.C. 405(a)). While you
are not required to respond, your cooperation will help us decide if the services performed by the worker can be credited
as employment for social security purposes. Your cooperation in completing and returning this form will be appreciated.
Please answer all items on this form; use "unknown" or "does not apply" if appropriate. If you need more space, use the
space for "remarks" on the last page or attach another sheet. For your convenience, we have enclosed an envelope
requiring no postage.
See Revised Privacy Act Statement Attached
FIRM'S NAME
WORKER'S NAME
ADDRESS OF FIRM
WORKER'S SOCIAL SECURITY NUMBER
FIRM'S FEDERAL EMPLOYER'S IDENTIFICATION
DATE WORKER'S SERVICES PERFORMED
FROM
TO
Note.- The term "worker" refers to the person who performed the services.
The term "firm" refers to the individual, corporation, partnership, association, or other type of organization for whom
the services were performed.
Check type of firm:
Partnership
Corporation
Other (specify)
Individual
1.
Give nature of firm's business (for example drugstore, home owner, radio manufacturer, farmer, etc.);
2.
State worker's occupation or title and give a complete description of the work done by him.
3.
(a) If the work was done under a written agreement or contract, please attach a copy.
(b) If the agreement was not in writing, describe the terms and conditions of the work arrangement.
(c) If the actual working arrangement differed in any way from the agreement explain the differences, why they
occurred and the date or dates of such change.
4.
(a) Was the worker given training in the work by the firm?
If "Yes," how often and what kind?
Yes
No
(b) Was the worker required to follow daily, weekly, etc., routines or schedules established
by the firm? If "Yes," explain the nature of the instructions
Yes
No
(c) Was the worker given instructions about the way the work was to be done?
If "Yes," explain the nature of the instructions
Yes
No
(d) Could the firm change the methods used by the worker in doing the work, or otherwise
direct him as to how to do the work?
Explain your answer
Yes
No
Form SSA-7160-F4 (12-1987) EF (7-2006)
Prior editions may be used until supply is exhausted.
5.
(a) Did the firm engage the worker:
Other (please explain)
Full-time
Part-time
Particular job
(b) Did the firm require the worker to work during fixed hours or at certain times?
If "Yes," explain.
Indefinite period
Yes
6.
Name the months and number of days worked in each month during this period of employment
7.
(a) State the kind and value of tools and equipment furnished by: the firm
No
the worker
(b) List any other expense connected with the work that the worker had:
8.
Was it agreed or understood that the worker would perform the services personally?
If "No," explain
9.
(a) Did the worker have helpers?
If "Yes," answer (b), (c) and (d).
(b) Were the helpers hired by:
If hired by the workers, was the firm's consent and approval necessary?
Who could discharge the helpers:
Yes
No
Yes
No
The worker?
Yes
The worker?
The firm?
No
The firm?
The worker?
Yes
The firm?
No
Hourly
Wage
Advance
or draw
(b) Was he guaranteed a minimum pay?
Yes
No
12.
Was the worker eligible for a pension, bonuses, paid vacations, sick pay, etc?
If "Yes," explain
Yes
No
13.
Did the firm carry workmen's compensation insurance on the worker?
Yes
No
14.
Were social security taxes deducted from amounts paid the workers?
Yes
No
Unknown
15.
How did the worker report his earnings for income tax purposes?
Wages
Self
employment
income
Unknown
16.
(a) Was the worker permitted to work for others if such work would not interfere with the services for the firm?
Yes
No
If "Yes," answer (b).
(c) Who paid the helpers:
If the worker paid the helpers, did the firm repay him?
(d) How much of the work did the helpers do?
10.
Who owned or rented the premises where the work was done?
11.
(a) Check the type of pay worker received:
Other (Please explain)
(b) describe any work he did for others:
Form SSA-7160-F4 (12-1987) EF (7-2006)
Salary
Commission
17.
(a) Could the firm discharge the worker at any time?
Yes
No
(b) Could the worker quit at any time?
Yes
No
(c) Would liability be incurred if the worker quit or was discharged before the job was completed?
If "Yes," explain
Yes
18.
No
(a) Did the worker work under:
His own
business name?
The firm's
name?
(b) Did the worker advertise or maintain a business listing in the telephone directory, a
trade journal, etc.?
Yes
No
(c) Did the worker hold himself out to the public as available to do work of this nature?
Yes
No
(d) Did the worker have a shop or office of his own?
If "Yes," where?
Yes
No
(e) Was a license or certificate needed for the work?
If "Yes," what kind?
Yes
No
Of any other nature?
If "Yes," explain
19.
Please explain in detail why you believe the worker was an employee of the firm or was an independent contractor.
20.
Has any other governmental agency ruled on the status of services performed by the worker
or another person performing the same or similar services?
Yes
If "Yes," attach a copy of the ruling.
ANSWER NO. 21 ONLY IF WORKER WAS AN AGENT-DRIVER OR COMMISSION-DRIVER
(a) List the products and/or services distributed (for example, bakery products, laundry services):
21.
No
(b) If the worker distributed more than one product or service, which was considered the principal or main product?
Explain
(c) Did the worker serve:
22.
Customers or routes designated by the firm?
ANSWER NOS. 22 AND 23 ONLY IF THE WORKER WAS A LIFE INSURANCE SALESMAN
Did the worker devote his/her entire or principal working time to the sale of life
or annuity contracts for the firm?
Form SSA-7160-F4 (12-1987) EF (7-2006)
The worker?
Both
Yes
No
23. (a) Under the terms of the original contact, was it agreed that the worker would work:
Other (please explain)
Full-time
Part-time
(b) Were these terms of the contract ever changed?
If "Yes," give the date and explain the changes
Yes
No
(c) Were the changes agreed upon by both the firm and the worker?
Yes
No
Worker
Firm
Yes
No
24. ANSWER NO. 24 ONLY IF THE WORKER WAS A HOME WORKER
(a) Who furnished materials or goods used by the worker?
Was the worker furnished a pattern of given instructions to follow in making
the product?
Explain
(b) Was the worker required to return the finished product either to the firm
Yes
or to someone designated by the firm?
25. ANSWER NOS. 25, 26, 27, AND 28 ONLY IF THE WORKER WAS A TRAVELING OR CITY SALESMAN
Did the worker have an exclusive territory?
Yes
Did the firm specify when and how often to work the territory?
Yes
If "Yes," explain
No
No
No
26. (a) What percent of his total sales for the firm were made to wholesalers, retailers,
contractors, or operators of hotels, restaurants, or other similar establishments?
27.
28.
%
What percent of his total working time was spent in making such sales?
%
(b) What percent of his working time for the firm was spent in selling to organizations other
than those specified in (a), such as manufacturers, schools, churches, homeowners, etc.?
%
What was the approximate number of hours worked per day for the firm?
Was the worker required to forward the orders to the firm?
Hours
Yes
No
REMARKS: (This space may be used for additional explanation)
I CERTIFY that all copies of contracts and all statements submitted herewith are true, correct, and complete to the best of
my knowledge and belief.
SIGNATURE
ADDRESS
Form SSA-7160-F4 (12-1987) EF (7-2006)
TITLE
DATE
See Revised PRA Statement Attached
Paperwork Reduction Act Statement - This information collection meets the requirements of 44
U.S.C. § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need
to answer these questions unless we display a valid Office of Management and Budget control
number. We estimate that it will take about 25 minutes to read the instructions, gather the facts,
and answer the questions. SEND OR BRING THE COMPLETED FORM TO YOUR LOCAL SOCIAL
SECURITY OFFICE. The office is listed under U. S. Government agencies in your telephone directory
or you may call Social Security at 1-800-772-1213. You may send comments on our time estimate
above to: SSA, 6401 Security Blvd., Baltimore, MD 21235-6401. Send only comments relating to
our time estimate to this address, not the completed form.
Form SSA-7160-F4 (12-1987) EF (7-2006)
SSA will insert the following revised Privacy Act Statement into the form at its next
scheduled reprinting:
PRIVACY ACT STATEMENT
Section 205(a) of the Social Security Act, as amended, authorizes us to collect the
requested information on this form. The information will be used to assist the Social
Security Administration (SSA) to determine your potential eligibility for benefit
payments and to help us to decide if additional information is needed. Your response is
voluntary. However, failure to provide this requested information may prevent an
accurate and timely decision on any claim filed, or could result in the loss of benefits.
We rarely use the information provided on this form for any purpose other than for
determining entitlement to benefit payments. In accordance with 5 U.S.C.§ 552a(b) of
the Privacy Act, however, we may disclose the information provided on this form in
accordance with approved routine uses, which include but are not limited to the
following:
1) To enable a third party on an agency to assist Social Security in establishing rights
to Social Security benefits and coverage.
2) To comply with Federal laws requiring the release of information from Social
Security records ( e.g., to the Government Accountability Office and Department
of Veteran’s Affairs);
3) To make determinations for eligibility in similar health and income maintenance
programs at the Federal, State, and local level; and,
4) To facilitate statistical research, audit or investigative activities necessary to
assure the integrity of Social Security programs.
We may also use the information you provide in Computer Matching programs.
Matching programs compare our records with records kept by other Federal, State, or
local government agencies. Information from these matching programs can be used to
establish or verify a person’s eligibility for Federally funded and administered benefit
programs and for repayment of payments or delinquent debts under these programs.
Explanations about these and other reasons why information you provide us may be used
or given out are available in System of Record Notice 60-0089 (Claims Folders Systems).
The notice, additional information regarding this form, and information regarding our
programs and systems are available on-line at www.socialsecurity.gov or at your local
Social Security office.
SSA will insert the following revised PRA Statement into the form at its next scheduled
reprinting:
Paperwork Reduction Act Statement - This information collection meets the
requirements of 44 U.S.C. § 3507, as amended by section 2 of the Paperwork Reduction
Act of 1995. You do not need to answer these questions unless we display a valid Office
of Management and Budget control number. We estimate that it will take about 25
minutes to read the instructions, gather the facts, and answer the questions. SEND OR
BRING THE COMPLETED FORM TO YOUR LOCAL SOCIAL SECURITY
OFFICE. You can find your local Social Security office through SSA’s website at
www.socialsecurity.gov. Offices are also listed under U. S. Government agencies in
your telephone directory or you may call Social Security at 1-800-772-1213 (TTY 1800-325-0778). You may send comments on our time estimate above to: SSA, 6401
Security Blvd, Baltimore, MD 21235-6401. Send only comments relating to our time
estimate to this address, not the completed form.
File Type | application/pdf |
File Title | Printing L:\MARIA'~1\S7160.FRP |
Author | 744678 |
File Modified | 2009-10-26 |
File Created | 2006-07-12 |