Garrison v. State Social Security Commission of Missouri
| Decision Date | 26 December 1941 |
| Docket Number | No. 6323.,6323. |
| Citation | 157 S.W.2d 792 |
| Parties | GARRISON v. STATE SOCIAL SECURITY COMMISSION OF MISSOURI. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Ripley County; Robert I. Cope, Judge.
"Not to be published in State Reports."
Petition by Mary E. Garrison to the State Social Security Commission of Missouri for old age assistance. From an order of the circuit court remanding the case to the Commission for redetermination of the issues involved in an appeal by the petitioner to the circuit court from the Commission for reinstatement of the petitioner on the state's old age assistance rolls, the Commission appeals.
Reversed and remanded, with directions.
Roy McKittrick, Atty. Gen., and B. Richards Creech, Asst. Atty. Gen., for appellant.
No attorney for respondent.
This is an appeal by defendant, the State Social Security Commission, from an order of the circuit court remanding the case to said commission for redetermination of the issues involved in an appeal by plaintiff to the circuit court from the commission, for reinstatement of plaintiff on the State's old age assistance rolls.
Judgment was entered in said circuit court on June 30, 1941, and, although defendant had ninety days from the entering of such judgment in which to perfect an appeal (Brownfield v. Social Security Commission, Mo.App., 155 S.W.2d 905, not yet reported [in State Reports]), such appeal was actually taken on that day, to-wit, June 30, 1941, and such appeal date determined the appellate term of this court to which such appeal was returnable. This is, therefore, the term to which such appeal was returnable. Respondent (plaintiff below) was not represented in this court and the appeal was submitted by appellant without argument in this court. But appellant's abstract contains all of the evidence in the case and this will enable us to consider the appeal on its merits.
From the abstract aforesaid, it appears to us that there was substantial evidence before the Social Security Commission that the claimant (plaintiff) has income, resources, support and maintenance to provide a reasonable subsistence compatible with decency and health and is not found to be in need.
Neither this court nor the circuit court is authorized to interfere with the findings of the Social Security Commission where there is any substantial evidence in the record to support such findings. Howlett v. Social Security Commission, Mo. Sup., 149 S.W.2d 806; ...
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