Jarrett v. United States

874 F.2d 201, 1989 U.S. App. LEXIS 6261, 1989 WL 46076
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 8, 1989
DocketNo. 88-2553
StatusPublished
Cited by15 cases

This text of 874 F.2d 201 (Jarrett v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jarrett v. United States, 874 F.2d 201, 1989 U.S. App. LEXIS 6261, 1989 WL 46076 (4th Cir. 1989).

Opinion

CHAPMAN, Circuit Judge:

This appeal presents the question of whether there is a cause of action under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq. for the alleged wrongful termination of Social Security benefits. Appellant, as an individual, as executrix of her late husband’s estate, and as next friend to her minor son, has sued the United States alleging that the wrongful termination of her husband's Social Security benefits deprived him of life and property without due process of law in violation of the Fifth Amendment, caused him to go into a deep depression, and constituted the intentional infliction of severe emotional distress which was the proximate cause of his death. We agree with the district court which found that the Social Security Act, particularly 42 U.S.C. § 405(h),1 provides the exclusive remedy for these claims because they arise under the Social Security Act. We affirm.

I

Newell Kay Jarrett, the deceased husband of the appellant, took disability retirement from his employment with a steel company in October, 1980 following a heart attack in May of that year. He filed an application for disability insurance benefits under Title II of the Social Security Act on July 30, 1980. The West Virginia Disability Determination Section (DDS), a state agency of West Virginia, acting by agreement with the Social Security Administration (SSA), determined that Mr. Jarrett was disabled because of serious heart disease beginning on May 1, 1980. Social Security benefits commenced in October, 1980.

Pursuant to 42 U.S.C. § 421(h), Mr. Jarrett’s case was reviewed by DDS for continuing disability, and in June 1983, DDS determined that the disability ceased on October 1,1983. The SSA randomly selected the Jarrett case for quality assurance review and affirmed the DDS decision. Mr. Jarrett was informed that his benefits would terminate in October 1983, and was instructed if he disagreed with the termination decision, he could request reconsideration. He was also advised that he could request that his benefits continue during the reconsideration process. He made such a request and the benefit payments continued without interruption.

[203]*203Upon reconsideration DDS reversed its prior decision and found that the disability was continuing and reinstated Jarrett’s right to benefits. The SSA affirmed the action of DDS in reinstating Mr. Jarrett’s benefits, but two weeks after the decision Jarrett died of a myocardial infarction.

Appellant alleges that as a part of the nationwide effort to reduce the number of disability benefit recipients, SSA adopted a policy of investigating disability benefit recipients to determine if such persons were still disabled and entitled to benefits. Appellant also maintains that in furtherance of this policy Mr. Jarrett was not afforded a sequential evaluation of his claim as required by Social Security regulations, that the termination of his benefits was wrongful, and that the defendant should have known that improper termination of disability benefits would create severe psychological trauma and rapid deterioration in the physical condition of many former benefit recipients, including Mr. Jarrett.

The United States counters that all of the present claims arise under the Social Security Act and that § 405(h) thereof provides the exclusive remedy.

II

Although the United States raised the bar of the discretionary function exception to the FTCA, the district court decided that it did not have subject matter jurisdiction over this claim and did not reach the exception. The district court was correct in its conclusion.

Appellant alleges that her action is brought under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., and she claims jurisdiction under 28 U.S.C. § 1346(b), which provides that the district court

shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

A substantive cause of action is not created by 28 U.S.C. § 1346(b). This section is jurisdictional only. The United States, as sovereign, is absolutely immune from suit except as Congress specifically provides, and any waivers of immunity are to be strictly construed. United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 953-54, 47 L.Ed.2d 114 (1976). Unless Congress has consented to a cause of action against the United States, there is no jurisdiction in any court to entertain such a suit. United States v. Sherwood, 312 U.S. 584, 587-88, 61 S.Ct. 767, 770-71, 85 L.Ed. 1058 (1941).

While FTCA is a waiver of sovereign immunity, such waiver is not unqualified and is subject to various limitations. One such limitation is 42 U.S.C. § 405(h), which states in part:

No action against the United States, the Secretary, or any officer or employee thereof shall be brought under sections 1331 or 1346 of title 28 to recover on any claim arising under this subchapter. (Emphasis added).

The above section is preceded by § 405(g) which provides judicial review of the decisions of the Secretary in all matters involving Social Security benefits.

The limitation in the last sentence of § 405(h) is not unique. Other statutes limit claims against the United States or provide that a remedy is exclusive and that no other action against the United States or its employees may be brought. See 5 U.S. C. § 8116(c) (the Federal Employees Compensation Act); 38 U.S.C. § 211(a) (Veterans Benefits Act; 46 U.S.C. § 740 (Suits in Admiralty and Public Vessels Act). Other statutes provide that the remedy under FTCA shall be exclusive of any other action or proceeding. See 42 U.S.C. § 233(a)-(f), 38 U.S.C. § 4116(aHe), 10 U.S.C.

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Jarrett v. United States
874 F.2d 201 (Fourth Circuit, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
874 F.2d 201, 1989 U.S. App. LEXIS 6261, 1989 WL 46076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jarrett-v-united-states-ca4-1989.