Collins v. Division of Welfare
| Decision Date | 13 September 1954 |
| Docket Number | No. 44164,44164 |
| Citation | 364 Mo. 1032,270 S.W.2d 817 |
| Parties | Nellie S. COLLINS, Appellant, v. DIVISION OF WELFARE of the State of Missouri, Respondent. |
| Court | Missouri Supreme Court |
Green & Green, Will H. D. Green, H. D. Green, West Plains, for appellant.
John M. Dalton, Atty. Gen., Aubrey R. Hammett, J., Asst. Atty. Gen., for respondent.
Nellie S. Collins, appellant, prosecutes this appeal from a judgment of the circuit court of Howell County, Missouri, which judgment affirmed the Decision and Order of the Director of the State Department of Public Health and Welfare (hereinafter called Director) made March 23, 1953, removing appellant from the state old age assistance rolls. Appellant had been receiving old age assistance benefits since March, 1944. After reinvestigation of appellant's case made in September and October, 1952, to determine appellant's eligibility to continue to receive such public assistance benefits, her name was removed from the rolls in November, 1952, by the Division of Welfare (hereinafter called Division) on the basis that there was sufficient income in her home to meet the needs of the household.
Upon the appeal of this cause from the circuit court to the Springfield Court of Appeals, that latter court reversed the judgment appealed from, and remanded the cause for a redetermination of the issues by the Director. Thereafter, upon timely motion of the State Department of Public Health and Welfare, we ordered the cause transferred from the Springfield Court of Appeals to this Court because of the general interest and importance of some of the questions herein involved. We consider the cause as if the appeal from the circuit court had been direct to this Court. Article V, Sec. 10, of the V.A.M.S. Constitution.
From the Decision and Order of the Director, and from the evidence, it appears that the method followed by Division in determining eligibility for public assistance benefits is to make an investigation of the household income and necessary expenses of the person involved and prepare a household budget which shows, among other things, total income and resources of the applicant and the members of the family unit and the total necessary expenses of the family. If such entire investigation discloses that such income and resources exceed the necessary expenses, the applicant is determined by Division to be ineligible to receive public assistance benefits. It also appears that in September and October, 1952, Division, by its case worker in Howell County, Missouri made a reinvestigation of appellant's case to determine appellant's eligibility to continue receiving public assistance benefits. In such re-investigation a household budget was prepared. That budget is in evidence as Division's Exhibit 1. It showed appellant's net monthly family income at time of closing, to be $255.47, and the total necessary monthly expenses to be $218.89. Upon such finding Division removed appellant from the rolls in November, 1952. That order of removal from the rolls was then appealed by appellant to the Director. After due notice by the Director a hearing was held before a Referee on March 4, 1953, at West Plains, appellant's home. Appellant was present at such hearing in person and by her present counsel, and evidence was heard. Thereafter, upon the record there made, the Director made Findings of Fact, and his Decision and Order affirmed the action of Division on removing appellant from the rolls.
The Findings of Fact of the Director were as follows:
'Claimant, 75 years of age, lives near West Plains, Howell County, Missouri. Also in the family are claimant's husband, age 65, a son, Joe Collins, age 35, and two grandchildren. The mother of the children was drawing aid to dependent children for them until she left the (appellant's) home. Claimant and her husband declined to ask for aid for their grandchildren, and the aid to dependent children case was closed. Claimant is drawing old age and survivors insurance of $12.50 per month, and her husband is drawing old age and survivors insurance of $25.00 per month. The evidence 'indicated claimant's husband was working at the time of the closing of claimant's case, but he contends he only made $30.00 last year. The evidence also indicated that at the time of the closing the son, Joe, was regularly employed. At the time of the investigation claimant told the welfare worker none of the family was under the care of a doctor, but at the hearing both claimant and her husband testified they were going to three doctors regularly and have several prescriptions filled each month. The county welfare office prepared and introduced a budget showing the net monthly income, as they found it at the time of the closing, to be $255.47, and expenses of $218.89, leaving a surplus of net income over allowable expenses. There is an item of $32.62 in the budget called Income Margin. This item is 20% of the net income of claimant's son, Joe Collins. This item is allowed as an expense so that he can apply a portion of his income to savings or for the purchase of items not allowed in the budget. It is found there is sufficient income in the home to meet the needs of claimant and other members of the household.''
The circuit court's instant judgment affirmed the Director's Findings of Fact and Order and Decision. If the findings and order of the Director are supported by substantial evidence in the record before us, we may not disturb the judgment appealed from and must affirm it. But if the Director's findings are contrary to the determinative undisputed facts, and are therefore arbitrary and unreasonable we must so find, and reverse the judgment. Kelley v. State Social Security Commission, 236 Mo.App. 1058, 161 S.W.2d 661, 662; Howlett v. State Social Security Commission, 347 Mo. 784, 149 S.W.2d 806; Morton v. State Social Security Commission, Mo.App., 205 S.W.2d 272, 274; Hardy v. State Social Security Commission, Mo.App., 187 S.W.2d 520.
Respondent's supplemental brief filed in this Court asserts that '* * * this is an appeal from the order of the County Office of the Division of Welfare' removing appellant from the state assistance rolls. That brief argues that we may not here consider 'facts and circumstances occurring subsequent to the denial of benefits by the County Welfare worker * * * (which were) not available to anyone at the time of (such) determination of eligibility' (In November, 1952); and, that to here consider such facts and circumstances, would change this proceeding now before us from a statutory appeal to a trial de novo in this Court.
We cannot agree with respondent's just above contention. As we read Section 208.080 RSMo 1949, V.A.M.S., and the 1951 amendment thereof, if benefits are cancelled the applicant may thereupon appeal to the Director, who, after notice must give applicant a fair hearing in the county of applicant's residence before the Director or a referee; the applicant may be present at such hearing in person and by attorney and may introduce evidence pertinent to applicant's eligibility; the evidence introduced must be preserved and become a part of the record; 'and upon the record so made the director of the department of public...
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