FILED
NOT FOR PUBLICATION OCT 10 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
WILLIAM SCOTT BAUMHOFER, No. 11-35402
Plaintiff - Appellant, D.C. No. 3:10-cv-00356-KI
v.
MEMORANDUM *
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Oregon
Garr M. King, District Judge, Presiding
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
William Scott Baumhofer appeals pro se from the district court’s judgment
affirming the Commissioner of Social Security’s denial of his application for a
voluntary Medicare prescription drug subsidy. We have jurisdiction under 28
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1291. We review de novo, Vasquez v. Astrue, 572 F.3d 586, 590 (9th Cir.
2008), and we affirm.
Substantial evidence supports the conclusion that Baumhofer was not
eligible for a Medicare prescription drug (Part D) Low Income Subsidy based on
his October 3, 2008 application because Baumhofer’s countable resources
exceeded the limit established by law. See Vasquez, 572 F.3d at 591 (discussing
the “substantial evidence” standard applied to Social Security benefit denials); 20
C.F.R. § 418.3101 (explaining how to become eligible for voluntary Medicare
prescription drug subsidy absent “deemed eligibility”); 42 C.F.R. § 423.773
(specifying requirements for Medicare prescription drug subsidy eligibility).
Baumhofer’s contentions that the Social Security Administration failed to
back-date a subsequent decision to award him the subsidy, and that it wrongfully
delayed the release of documents, are unpersuasive and unsupported by the record.
AFFIRMED.
2 11-35402