Beattie v. Barnhart
2012 U.S. Dist. LEXIS 25333
| D.D.C. | 2012Background
- SSA overpayment and SSI overpayment notice to Beattie and ensuing administrative proceedings
- Beattie attended a hearing with alleged representation issues and claims of due process violations at the January 14, 2000 hearing
- ALJ allegedly imposed limitations on Beattie’s evidence, witnesses, and counsel and threatened penalties
- Beattie’s FOIA/Privacy Act requests sought records about him; SSA provided some responses but denied broader access
- Beattie asserted exhaustion of administrative remedies and sought judicial review; Commissioner moved to dismiss for lack of exhaustion and failure to plead claims
- Court granting motion to dismiss and denying Beattie’s partial summary judgment as moot; final judgment to follow
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of due process claims | Beattie exhausted all administrative remedies | Beattie failed to exhaust administrative remedies for due process | Exhaustion not satisfied; waiver not shown; dismiss due process claims |
| Colorable constitutional claims | Beattie pleaded (colorable) due process violation | Allegations lacked support in record | Beattie failed to plead colorable constitutional claims |
| FOIA/Privacy Act claims viability | SSA denied access to records under FOIA/Privacy Act | Allegations lack factual basis and mootness; improper requests | Claims dismissed for lack of plausible FOIA/Privacy Act violations |
| Bivens claim against SSA employees | Bivens damages for constitutional violations by SSA employees | Schweiker v. Chilicky bars Bivens against SSA administrators | Bivens claim barred; no damages against SSA officials |
Key Cases Cited
- Hall v. Sebelius, 689 F. Supp. 2d 10 (D.D.C. 2009) (exhaustion and final agency action prerequisites for review, prudential standards)
- Action Alliance of Senior Citizens v. Leavitt, 483 F.3d 852 (D.C. Cir. 2007) (presentment and exhaustion framework for SSA review)
- Cost v. SSA, 770 F. Supp. 2d 45 (D.D.C. 2011) (exhaustion as a jurisdictional/administrative prerequisite and waiver concepts)
- Maiden v. Barnhart, 450 F. Supp. 2d 1 (D.D.C. 2006) (colorable constitutional claim requirement; procedural due process standard)
- Schweiker v. Chilicky, 487 U.S. 412 (Supreme Court) (Bivens not available where SSA remedies are provided by statute)