Ulyises Hudson v. Otis R. Bowen, Secretary of Health and Human Services

Hudson appeals the district court’s grant of Secretary Bowen’s motion for summary judgment. The district court found that substantial evidence supported the Secretary’s conclusion that Hudson had $4,000 in excess resources and thus could not continue receiving supplemental security income benefits. On appeal, Hudson argues that (1) the Secretary’s determination of excess resources was not supported by substantial evidence; (2) the standards used to determine resources are unfair because they create an irrebuttable presumption of ineligibility; and (3) the case should be remanded so the Secretary can consider new evidence on Hudson’s expenditure of the $4,000 in excess revenue.

FACTS

On March 5, 1985, Hudson appeared before an Administrative Law Judge (AU) to appeal the termination of his supplemental security income benefits. He was represented by counsel and given an opportunity to prove that his income was below the threshold level despite the receipt of a $20,-000 personal injury award. With regard to the $4,000 at issue in this appeal, Hudson testified that he spent the money gambling in Reno. No objective evidence or other testimony was introduced to verify his report. The…