Opinion · Court of Appeals for the Federal Circuit
Gilbert L. MARCUS, Plaintiff-Appellant, v. the UNITED STATES, Defendant-Appellee
909 F.2d 1470
- Type
- Opinion
- Court
- Court of Appeals for the Federal Circuit
- Jurisdiction
- Federal
- Date
- 1990-07-30
- Topic
- employee-benefits-and-executive-compensation
holding that the Court of Federal Claims lacks jurisdiction over claims for Social Security benefits | holding that this court has no jurisdiction over claims contesting the denial ofSocial Security disability benefits | holding that the Court of Federal Claims lacks jurisdiction over claims for social security benefits | holding “that the Claims Court has no jurisdiction under the Tucker Act ... over claims to social security benefits____” | holding “that the Claims Court has no jurisdiction under the Tucker Act . . . over claims to social security benefits . . . .” | holding “that the Claims Court has no jurisdiction under the Tucker Act over claims to social security benefits.” (internal citation omitted) | rejecting a plaintiffs claims for Social Security benefits because the Claims Court lacked subject-matter jurisdiction under the Tucker Act | affirming dismissal of an action in Claims Court seeking review of denial of social security benefits for lack of jurisdiction | stating this Court does not have jurisdiction over claims related to social security benefits | stating this Court does not have jurisdiction over claims related to social security benefits | “[W]e hold that the Claims Court has no jurisdiction under the Tucker Act . . . over claims to social security benefits.” | “[T]he Claims Court has no jurisdiction under the Tucker Act . . . over claims to social security benefits.” | “[W]e hold that the Claims Court has no jurisdiction under the Tucker Act . . . over claims to social security benefits.” | "[T]he Claims Court has no jurisdiction under the Tucker Act . . . over claims to social security benefits[.]" | “[W]e hold that the Claims Court has no jurisdiction under the Tucker Act . . . over claims to social security benefits.” | "[W]e hold that the [Court of Federal Claims] has no jurisdiction under the Tucker Act ... over claims to social security benefits .... " (citations omitted) | “[T]he [Court of Federal Claims] has no jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a)(1) (1988), over claims to social security benefits . . . .” | “[W]e hold that the Claims Court has no jurisdiction under the Tucker Act ... over claims to social security benefits, even considering appellant’s assertions that he is entitled to relief under the Constitution.” | “[W]e hold that the Claims Court has no jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a)(1) (1988), over claims to social security benefits, even considering appellant’s assertions that he is entitled to relief under the Constitution.” (citations omitted)
Citator
- Cited by
- 28 opinions
Gilbert L. Marcus appeals from the Claims Court’s order, Marcus v. United States, No. 688-89 C (December 20, 1989) (Bruggink, J.), dismissing his claim for lack of jurisdiction. Although entitled a “Writ of Habeas Corpus Ad Respondum”, appellant seeks a reversal of the decision by the Commissioner of Social Security denying an award of social security disability benefits. Construing appellant’s pleading in a light most favorable to him, that is, as a claim for social security disability benefits, we hold that the Claims Court has no jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a)(1) (1988), over claims to social security benefits, even considering appellant’s assertions that he is entitled to relief under the Constitution. See Weinberger v. Salfi, 422 U.S. 749, 756-767, 95 S.Ct. 2457, 2462-2467, 45 L.Ed.2d 522 (1975); (42 U.S.C. §§ 405(g) and (h) (1982) require that action for social security benefits must be brought in district court); cf. Alabama Hospital Ass’n v. United States, 228 Ct.Cl. 176, 656 F.2d 606 (1981). The judgment of the Claims Court is, therefore,
AFFIRMED.