O'Leary v. Social Security Board

GOODRICH, Circuit Judge.

This case raises the question whether the claimant, Denis J. O’Leary, is a “fully insured individual” so that he is entitled to primary insurance benefits under the Social Security Act.1 That question in turn depends upon whether O’Leary was in “covered employment.” He was not in covered employment if his employer, the Calvary Cemetery Association, is a corporation “organized and operated exclusively for religious * * * purposes.” This question, therefore, is the turning point of the case. The Board said that the cemetery association met the test of organization and…