Curlee v. Social Security Administration
1:22-cv-01593
E.D. Cal.Apr 22, 2024Background
- Larry Curlee, a 73-year-old pre-trial civil detainee at Coalinga State Hospital, sued the Social Security Administration (SSA) and several unnamed agents after his Old-Age and Survivors Insurance Benefits were suspended.
- SSA initially determined Curlee was entitled to retirement benefits, but benefits were suspended when SSA was informed of his confinement at Coalinga by a California agency, allegedly mistaking his civil detention for imprisonment or mental incompetence.
- Curlee pursued internal SSA remedies, requesting reconsideration and a hearing, but claimed he was not allowed to attend or adequately prepare due to his detention, resulting in dismissal of his administrative claim.
- Plaintiff sought compensatory damages, asserting claims under the Federal Tort Claims Act (FTCA) and Bivens for alleged Fifth Amendment due process violations relating to improper denial of benefits and lack of a fair hearing.
- A prior, ongoing suit filed by Curlee in the same district court (Curlee v. Comm’r of Soc. Sec.) also sought judicial review of the same benefits denial, which was decided against him and is on appeal to the Ninth Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Bivens claim for denial of SSA benefits | Curlee's Fifth Amendment due process rights were violated | Bivens not available for SSA benefit denials | No Bivens remedy for denial of social security benefits. |
| FTCA claim for negligence in benefits suspension | SSA's negligence caused wrongful benefit termination | FTCA barred under 42 U.S.C. § 405(h) | FTCA claim barred; Congress has provided exclusive remedy. |
| Judicial review duplicating prior social security suit | Entitled to judicial review of benefit termination | Duplicative of prior pending case | Dismissed as duplicative and potentially abusive. |
| Leave to amend | Complaint could potentially be corrected | Deficiencies are incurable | No leave to amend; deficiencies cannot be cured by amendment |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (establishes plausibility pleading standard for claims in federal court)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (explains requirements for factual pleadings to survive dismissal)
- Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) (creates cause of action for damages due to federal official constitutional violations)
- Schweiker v. Chilicky, 487 U.S. 412 (1988) (no Bivens claim for improper denial of Social Security benefits)
- Butler v. Apfel, 144 F.3d 622 (9th Cir. 1998) (no Bivens action for denial of Social Security benefits)
- Hooker v. Dep’t of Health & Human Servs., 858 F.2d 525 (9th Cir. 1988) (FTCA claims barred when arising from SSA benefit denials)
- Cato v. United States, 70 F.3d 1103 (9th Cir. 1995) (duplicative lawsuits subject to dismissal as frivolous or malicious)