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

ORDER

Defendant-Appellee’s petition for rehearing is GRANTED.

The Opinion filed June 7, 1991, and reported at 935 F.2d 1038 , is hereby withdrawn and the attached revised Opinion filed in its place.

The panel has voted unanimously to reject the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed.R.App.P. 35.

The suggestion for rehearing en banc is REJECTED.

OPINION

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.

FACTUAL AND PROCEDURAL BACKGROUND

Social Security Administration (“S.S.A.”) personnel stated that C.M. Higbee, during a continuing eligibility review for disability benefits on July 22,1986, informed them he resided in…