Bhawanee Persaud v. Carolyn W. Colvin, No. 16-2193 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Shepherd, Arnold and Kelly, Circuit Judges] Civil case - Social Security. Substantial evidence supports the ALJ's determination that claimant was engaged in substantial gainful activity and was no longer eligible for disability benefits. [ January 06, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2193 ___________________________ Bhawanee Persaud lllllllllllllllllllll Plaintiff - Appellant v. Carolyn W. Colvin, Acting Commissioner of Social Security lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: January 4, 2017 Filed: January 9, 2017 [Unpublished] ____________ Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges. ____________ PER CURIAM. Bhawanee Persaud appeals the district court’s1 order upholding an administrative law judge’s (ALJ’s) decision finding that he no longer qualified for 1 The Honorable Leo I. Brisbois, United States Magistrate Judge for the District of Minnesota, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). disability insurance benefits as of January 2004. We agree with the district court that substantial evidence on the record as a whole supports the ALJ’s determination that Mr. Persaud’s activities at Sungate, Inc., a non-profit human services business he established, amounted to substantial gainful activity under Test Three in the regulation related to the self-employed. See Igo v. Colvin, 839 F.3d 724, 728 (8th Cir. 2016) (de novo review); 20 C.F. R § 404.1575 (a)(2) (2007). The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ -2-
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