Taylor v. State Social Security Commission
| Decision Date | 19 June 1944 |
| Docket Number | No. 20410.,20410. |
| Citation | 181 S.W.2d 209 |
| Parties | TAYLOR v. STATE SOCIAL SECURITY COMMISSION OF MISSOURI. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Cass County; Leslie A. Bruce, Judge.
"Not to be published in State Reports."
Proceeding by Benjamin W. Taylor against the State Social Security Commission of Missouri for an order restoring plaintiff's name to the rolls as a recipient of old age assistance. From a judgment remanding the cause to the Commission for further consideration, the Commission appeals.
Judgment reversed.
Roy McKittrick and W. O. Jackson, both of Jefferson City, for appellant.
SPERRY, Commissioner.
Benjamin W. Taylor, to whom we shall refer as plaintiff, was a recipient of old age assistance and was stricken from the rolls by order of the State Social Security Commission, whom we shall denominate defendant. Plaintiff filed application with defendant praying for a hearing and for restoration to the rolls. A hearing was had and defendant denied the relief prayed, whereupon plaintiff appealed to the circuit court. A hearing in that court culminated in a judgment remanding the cause to the Commission for further hearing. From that judgment defendant prosecutes this appeal.
The findings and award of the Commission are as follows:
The gist of the judgment appealed from is as follows:
"`* * * the State Social Security Commission of Missouri, said defendant', decision was arbitrary and unreasonable, and that the said State Social Security Commission did not afford or give the plaintiff a fair hearing and determination of the plaintiff's eligibility and rights * * *"
Plaintiff has filed no brief herein.
The record discloses that plaintiff was given reasonable notice of the time and place of the hearing, was present at said hearing, was represented by counsel, presented the testimony of all witnesses he offered, and that he fully examined witnesses who appeared on behalf of defendant. He was given a fair and full hearing. Sec. 9411, R.S. Mo. 1939, Mo.R.S.A.
There is substantial evidence in the record which tends to prove that plaintiff had been living in the home of a son, Karl, as a member of the latter's family, since 1936; that the son is a tenant farmer; that plaintiff was living there in 1940 when he first began to receive old age assistance; that he eats of the same food as that eaten by the son and his family; that he does not have many clothes; that he is almost 70 years of age, is partially blind, has heart trouble, is wholly unable to...
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