Stockman v. State Social Security Commission
| Decision Date | 15 June 1942 |
| Docket Number | No. 20059.,20059. |
| Citation | 163 S.W.2d 127 |
| Parties | STOCKMAN v. STATE SOCIAL SECURITY COMMISSION. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Mercer County; Virgil C. Rose, Judge.
"Not to be published in State reports."
Proceeding by Horace Greeley Stockman against the State Social Security Commission of Missouri, to review an award of the commission denying petitioner's claim for old age assistance. From a judgment reversing the award and remanding cause to commission for redetermination, the commission appeals.
Reversed.
Roy McKittrick and B. Richards Creech, both of Jefferson City, for appellant.
Walter E. Walsh, of Princeton, for respondent.
SPERRY, Commissioner.
Horace G. Stockman was claimant for old age assistance. The State Social Security Commission conducted a hearing and denied the claim. Claimant appealed to the circuit court where the award of the Commission was held to be "unfair, arbitrary and unlawful", and the award was reversed and the cause was remanded to the Commission for redetermination.
Claimant was not represented by counsel when the Commission's referee heard the evidence and claimant and his sister were the only witnesses who testified.
Claimant testified that he is 73 years of age, has residential qualifications and lives with his sister, Harriett, in her six-room house in the town of Lineville, Iowa (Missouri side). He owns no property of his own and his sister has been, and is now, supporting him. For five years prior to November, 1939, he and his sister lived on her 120-acre farm which he looked after for her. Prior to the hearing his sister sold the farm for $30 per acre ($3,600) and bought the town property for $1,500 where they now live. This property consists of an acre and a half of ground, a six-room house, and a filling station which rents for $12.50 per month. In addition to this property she has $1,500 in government bonds and $50 to $100 cash in the Lineville Bank. Also, she has a cow and four hogs, which claimant takes care of and he and his sister use the milk and meat.
The sister, Harriett, testified that she has been supporting claimant for several years and that he "helps take care of things" and manages her "financial transactions." When questioned whether she and her brother are now being supplied with the necessities of life, she replied, "Yes, sir."
The sole question presented for our review is that of whether or not the award of the Commission is supported by substantial evidence. If it is, then the judgment of the circuit court reversing the award of the Commission and remanding the cause for redetermination should be reversed; otherwise it should be affirmed. Howlett v. Social Security Commission, 347 Mo. 784, 149 S.W.2d 806, loc. cit. 810.
Both claimant and his sister testified that claimant's sister was, at the time...
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