Bhawanee Persaud v. Carolyn W. Colvin

Filing

PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Morris S. Arnold and Jane Kelly (UNPUBLISHED) [4487645] [16-2193]

United States Court of Appeals
For the Eighth Circuit
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No. 16-2193
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Bhawanee Persaud
lllllllllllllllllllll Plaintiff - Appellant
v.
Carolyn W. Colvin, Acting Commissioner of Social Security
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: January 4, 2017
Filed: January 9, 2017
[Unpublished]
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Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
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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).

Appellate Case: 16-2193

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Date Filed: 01/09/2017 Entry ID: 4487645

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.
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Appellate Case: 16-2193

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Date Filed: 01/09/2017 Entry ID: 4487645