Hughes v. State Social Security Commission
Decision Date | 26 December 1941 |
Docket Number | No. 6288.,6288. |
Citation | 157 S.W.2d 223 |
Parties | HUGHES v. STATE SOCIAL SECURITY COMMISSION. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Butler County; Robert I. Cope, Judge.
"Not to be published in State Reports".
Proceeding by Davis E. Hughes for old age assistance under the state Social Security Act. From a judgment reversing an order of the State Social Security Commission, denying petitioner's application and remanding the case to the Commission for redetermination, the Commission appeals.
Reversed and remanded with directions.
Roy McKittrick, Atty. Gen., and B. Richards Creech, Asst. Atty. Gen., for appellant.
D. W. Hill, of Poplar Bluff, for respondent.
Respondent, Davis E. Hughes, made application for old age assistance under the State Social Security Act. Rev.St. 1939, § 9396 et seq. His application was denied and after a hearing before the State Commission the denial was affirmed. Respondent then appealed to the Circuit Court, which reversed and remanded the case to the Commission "for redetermination" in accordance with this decision. From this judgment the Commission appealed to this court.
The undisputed evidence shows that Hughes, at the time of his application, was 70 years of age; was a resident of Poplar Bluff, Butler County, Missouri where he had resided for many years; that he was not gainfully employed and was physically incapable of making a living; that he did not own or possess any real or personal property or any interest therein and had owned none for several years; that he had been living with his son-in-law and daughter, Mr. and Mrs. Wm. G. Delaney, for more than a year; previous to that time had lived from time to time with other children, none of whom have contributed to his support during the past year; that the son-in-law and daughter with whom respondent resided at the time of the application, maintained him and his wife in their home; that respondent does chores about the home of his son-in-law and daughter, and his wife is up all the time and assists with the house work; that respondent has "been up and around most of the time during the past year"; that he mows the lawn, rakes leaves and does a few odd jobs at the Delaney home; that the son-in-law and daughter have furnished respondent and his wife with food and shelter and the other necessities of life and were so doing at the time the application was filed; that respondent has five children, most of whom had contributed to his support and that of his wife at various times previous to the time they went into the Delaney home; that the son-in-law, Mr. Delaney, is part owner of a drug store in Poplar Bluff where he works and draws a salary of $175 per...
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