Memorandum of Disapproval of H.R. 1670 a Bill for the Relief of Dr. George H. Edler

I am withholding my approval of H.R. 1670, a private bill for the relief of Dr. George H. Edler.

The bill would permit Dr. Edler's services as a chiropodist, performed as a part-time employee of the Peoria, Illinois State Hospital, during the period 1954 to 1960, to be considered as self-employment for social security purposes, provided he pays the applicable social security taxes within six months. The effect of the bill would be to increase Dr. Edler's social security benefits.

To be covered by social security, State and local government employees must be included in an agreement between the Department of Health, Education and Welfare and the particular State. Employees of the Peoria Hospital were not so covered. Hence, Dr. Edler's salary from the Hospital was not subject to social security taxes and could not be included in computing the amount of his social security benefits.

Dr. Edler sought to have his work at the Hospital included in his social security base on the grounds that he had been self-employed and not an employee at the Hospital. His request was denied by the Social Security Administration. He did not appeal his case to the U.S. district court as he was entitled to do.

The Congressional Committees did not assert that Dr. Edler was self-employed, but appear to have felt that he should have relief because he had been prejudiced by a unique situation.

I understand that there are several thousand health professionals who are employed in similar situations. I am unable to identify anything in the record which would distinguish Dr. Edler's case from these others.

Under these circumstances, I cannot give my approval to the bill.

LYNDON B. JOHNSON

The White House

December 19, 1967