Higbee v. Bowen

707 F. Supp. 434, 1989 U.S. Dist. LEXIS 2429, 1989 WL 23310
CourtDistrict Court, S.D. California
DecidedJanuary 10, 1989
DocketCiv. No. 87-1004-E(BTM)
StatusPublished
Cited by2 cases

This text of 707 F. Supp. 434 (Higbee v. Bowen) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Higbee v. Bowen, 707 F. Supp. 434, 1989 U.S. Dist. LEXIS 2429, 1989 WL 23310 (S.D. Cal. 1989).

Opinion

MEMORANDUM DECISION

BACKGROUND

ENRIGHT, District Judge.

This is a suit under sections 1631(c)(3) and 205(g) of the Social Security Act, 42 U.S.C. §§ 1383(c)(3) and 405(g), for review of a final decision of the Secretary of Health and Human Services finding that plaintiff Clarence Higbee was not eligible for supplemental security income (SSI) benefits under Title XVI of the Act. Plaintiff had previously been a recipient of SSI benefits based on disability.

In connection with a continuing eligibility review, on July 22, 1986, plaintiff indicated that he was residing in Mexico and that he came across the border one day a month which, in his opinion, was “the only requirement to make it legal.” He also disputed the Social Security Administration’s (SSA) right to know where he lived. Tr. 59. On July 28, 1986, plaintiff made similar assertions. The SSA indicated that he would have to prove that he was living in the United States. Tr. 61.

Higbee later denied that he had ever claimed to be a resident of Mexico. Tr. 81. He submitted documents indicating that his mobile home was listed for sale at a price of $8,500. Tr. 88. Other documents submitted reflected a street address in Pine Valley, California, and a “P.O. Box” in Guatay, California. Tr. 89. A temporary driver’s license contained a street address [435]*435in El Cajon, and plaintiff reported that the El Cajon address was an “office” that he maintained at an industrial complex. Tr. 89, 103.

Regarding his living arrangements, Hig-bee reported that his mobile home was in storage and that he was living in the wilderness. He listed his landlord as the U.S. Department of Agriculture and indicated that he paid no rent. Tr. 97-99.

Plaintiff was subsequently advised that his failure to maintain a “factual abode” in the United States or to submit proof thereof rendered him ineligible for SSI benefits; this determination was upheld on reconsideration. Tr. 69-74.

On November 24, 1986, an Administrative Law Judge (ALJ) considered the case de novo. Higbee refused to state his address at the hearing, first claiming that his statements as to his residence were in writing and then “taking the Fifth Amendment” with regard to any further discussion. Tr. 34. Plaintiff stated that his mobile home had an assessed value of $6,700 and that the only offer he had received had been substantially less. Tr. 50-51. Higbee also testified that he had applied for politi- • cal asylum outside the United States.

The AU found that plaintiff was not eligible for SSI benefits because he had not established that he was a resident of the United States and, further, that he had resources in excess of the allowable limitation. Tr. 10. This decision became the final decision of the Secretary when it was upheld by the Appeals Council on May 13, 1987. Tr. 2.

STANDARD OF REVIEW

Under section 205(g) of the Act, this court’s proper inquiry on review is limited to determining whether proper legal standards were applied in the previous adjudication of plaintiff’s claim and, if so, whether the findings of the Secretary are supported by substantial evidence. Gamer v. Secretary of Health and Human Services, 815 F.2d 1275, 1278 (9th Cir.1987); Martinez v. Heckler, 807 F.2d 771, 772 (9th Cir.1986). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Gamer, 815 F.2d at 1278, citing Martinez, 807 F.2d at 772, quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971).

In adjudging the substantiality of evidence, a reviewing court must consider the record as a whole, “weighing both the evidence that supports and detracts from the Secretary’s conclusions.” Gamer, 815 F.2d at 1278; Green v. Heckler, 803 F.2d 528, 530 (9th Cir.1986). Where the evidence is inconclusive, “questions of credibility and resolution of conflicts in the testimony are functions solely of the Secretary.” Sample v. Schweiker, 694 F.2d 639, 642 (9th Cir.1982).

To receive SSI benefits based on disability, a claimant must be “disabled,” must meet residency requirements, and must not exceed the income and resource limitations of the law. See 42 U.S.C. §§ 1382a, 1382b, 1382c(a)(l)(B), 1382f; Murray v. Bowen, 786 F.2d 940 (9th Cir.1986) (resource limitations); Califano v. Aznavorian, 439 U.S. 170, 99 S.Ct. 471, 58 L.Ed.2d 435 (1978) (residency requirements). The burden of proof rests upon the claimant to establish entitlement to benefits under the Act. See 20 C.F.R. § 416.200 (1987); Hall v. Secretary of HEW, 602 F.2d 1372 (9th Cir.1979).

DISCUSSION

Highee states that his statements regarding his residency in Mexico were false. He asserts the portions from the transcripts are misleading and taken out of context. Further, he contends that the documents indicating that his mobile home was for sale were submitted as evidence in a previous determination for the purposes of exempting his home as a resource.

Lastly, Higbee argues that the “substantial evidence” standard is not appropriate since “it is not within the jurisdiction of the Secretary to make determinations as to [436]*436whether his agents have violated the law in submitting false and misleading reports, concealing or destroying documents, or committing actions that are grounds for a complaint of fraud.” Plaintiffs Opposition, p. 5.

A. Residency

The Social Security Act clearly requires that an eligible individual be “a resident of the United States.” 42 U.S.C. § 1382c(a)(l)(B). Moreover,

... no individual shall be considered an eligible individual for purposes of this title for any month during all of which such individual is outside the United States. For purposes of the preceding sentence, after an individual has been outside the United States for any period of 30 consecutive days, he shall be treated as remaining outside the United States until he has been in the United States for a period of 30 consecutive days.

42 U.S.C.

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707 F. Supp. 434, 1989 U.S. Dist. LEXIS 2429, 1989 WL 23310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higbee-v-bowen-casd-1989.