C.M. Higbee v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

Appellant C.M. Higbee appeals pro se the district court’s summary judgment dismissal of his action for reinstatement of Supplemental Security Income (“S.S.I.”) benefits for which he had been declared ineligible by the Secretary of Health and Human Services (“Secretary”). The district court upheld the denial on the grounds that Hig- bee failed to maintain a “factual abode” in the United States and had countable resources in excess of the allowable limit. Higbee allegedly stated, in a continuing eligibility review, that he was living in Mexico. He has subsequently denied such statements, has refused to state his place of residence, and has submitted documentation indicating California residency. Hig-bee has also indicated that his countable resources were sufficiently encumbered such that their value was not above the allowable limit. Because the district court misapplied relevant substantive law, because the denial of benefits was not based upon substantial evidence, and because the record indicates that the Administrative Law Judge did not adequately consider any encumbrance upon Higbee’s excess resources, we reverse the decision below and remand to the district court with…