Bhawanee Persaud v. Carolyn W. Colvin


PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Morris S. Arnold and Jane Kelly (UNPUBLISHED) [4487645] [16-2193]

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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Court for the District of Minnesota - Minneapolis ____________ Submitted: January 4, 2017 Filed: January 9, 2017 [Unpublished] ____________ Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.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). Appellate Case: 16-2193 Page: 1 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. ______________________________ -2- Appellate Case: 16-2193 Page: 2 Date Filed: 01/09/2017 Entry ID: 4487645

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