Clay v. State Social Security Commission

• Decision Date: 12 July 1940
• Docket Number: No. 6141.,6141.
• Citation: 143 S.W.2d 165
• Parties: CLAY v. STATE SOCIAL SECURITY COMMISSION.
• Court: Missouri Court of Appeals

143 S.W.2d 165

CLAY v. STATE SOCIAL SECURITY COMMISSION.

No. 6141.

Springfield Court of Appeals. Missouri.

July 12, 1940.

Rehearing Denied August 22, 1940.

Appeal from Circuit Court, Christian County; Robert R. Gideon, Judge.

"Not to be published in State Reports."

Proceeding by Henry A. Clay against the State Social Security Commission of Missouri for reinstatement on State Old Assistance Rolls. From an adverse judgment the commission appeals.

Reversed and remanded with directions.

Roy McKittrick, Atty. Gen., and Aubrey R. Hammett, Jr., Asst. Atty. Gen., for appellant.

Omer E. Brown and G. Purd Hays, both of Ozark, for respondent.

FULBRIGHT, Judge.

Henry A. Clay was accepted and placed upon the State Old Age Assistance Roll and thereafter, on the 12th day of January, 1938, was removed therefrom, on the ground that, "your income over and above operating expenses from the operation of the newspaper is over $45.00 per month, which is sufficient to provide a reasonable subsistence compatible with decency and health."

An appeal was taken to the State Social Security Commission, which commission notified applicant that he would be heard on the 25th day of May, 1939, at the Social Security Office in the City of Ozark, Missouri. Upon a hearing at that time the Commission made the following finding and award:

"That the claimant has income, resources, support and maintenance to provide a reasonable subsistence compatible with decency and health and is not found to be in need. Therefore claimant does not come within the purview of the statute and application for old age assistance is denied." Dated the 9th day of June, 1939.

Thereafter, applicant gave notice of appeal to the Circuit Court of Christian County from the decision of the State Social Security Commission and requested the Commission to immediately certify to said Circuit Court the findings, order and decision of the Commission.

The same procedural questions are presented as in the case of Isaac R. Johns v. State Social Security Commission of Missouri, 143 S.W.2d 161, decided by this court on this day and handed down contemporaneously with the opinion in the instant case. It is unnecessary to repeat what is there stated. Suffice to say that the procedure to be followed is governed by Section 16, page 736 Laws of Missouri 1939, Mo.St.Ann. § 12967b-16, p. 7478. The abstract relating to the various proceedings in the instant case are identical with that in the Johns case, other than there is no stipulation in the record in the case at bar to the effect that the evidence upon which the case was tried in the Circuit Court, was the same as the evidence certified by the Commission. Furthermore, it appears in the record that witnesses appeared and testified in person on the trial of the case in the Circuit Court. However, the evidence certified by the Commission to the Circuit Court is before us and has been carefully examined. The facts are substantially as follows:

Respondent was on the old age assistance roll, receiving $14 per month. On the 12th day of January, 1938, he was removed therefrom for the reason his income was sufficient to furnish himself and wife, Allie Clay, a living compatible with decency and health. He resides at Billings, Christian County, and it is admitted, qualifies as to age and residence. He owns a home, in which he and his wife reside, and is paying it out at the rate of $15 per month — $12 applies on the debt of $600 against the property and $3 on the interest. A decent home in Billings with...