Bare v. State Social Sec. Com'n
| Decision Date | 02 May 1945 |
| Docket Number | 6575 |
| Citation | 187 S.W.2d 519 |
| Parties | BARE v. STATE SOCIAL SECURITY COMMISSION |
| Court | Missouri Court of Appeals |
J. E Taylor, Atty. Gen., and B. Richards Creech, Asst. Atty. Gen for appellant.
No appearance for respondent.
VANDEVENTER
This is an appeal by the State Social Security Commission from a judgment of the circuit court of Newton County, remanding 'for further hearing before the Commission' the claim of Susan M. Bare for old age assistance.
The applicant, Mrs. Bare, had been on the pension roll, but was removed on the 23rd day of November, 1942, after a reinvestigation of her eligibility by a representative of the Commission. After her removal and on November 28, 1942, an application for hearing was filed, granted and had, after proper notice. Reinstatement was refused by the Commission an appeal taken to the circuit court, which, after a consideration of the record certified to it by the Commission, made the following order:
'Now on this day, the same being the ninth Judicial day of the Regular June Term, this cause coming on to be heard, and after hearing the evidence, it is ordered by the Court, that this cause be and the same is hereby remanded for further hearing before the Commission.'
The Commission appealed to this court and filed its Abstract of the Record and Brief. The respondent has filed no brief with us but it is our duty to fairly adjudge the issues notwithstanding. Myers v. State Social Security Commission, Mo.App., 181 S.W.2d 565.
Two witnesses appeared for applicant at the hearing, namely applicant and her husband. She testified that she was married, lived on a rented farm (R. F. D. #4, Neosho, Missouri) with her husband and would be 68 years of age in December, 1943; that she and her husband owned twenty-one acres of land (recently purchased) two and one-half miles north of Seneca; that there was a mortgage on it for $ 1000; that she had between 60 and 75 hens on the place where they lived and about 100 young chickens; that she owned no personal property other than live-stock, poultry and personal effects; that her health was bad, that she was suffering from a nervous condition and stomach and kidney trouble; that she went to doctors about once a month, 'whenever I have anything to go with.' She further testified she did her housework, except laundry, and helped care for the chickens; that she had two married children who did not help her; that she talked to Miss Cunningham, (a representative of the Commission) about her case, including the living and financial condition of herself and husband and that she gave the information as best she could.
Her husband testified that he was 66 years of age, living on a rented farm of 40 acres, but that he had recently purchased 21 acres...
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