Marcus v. United States

Fed. Cir.

Court: United States Court of Appeals for the Federal Circuit

Citations: 909 F.2d 1470, 1990 U.S. App. LEXIS 12549, 1990 WL 106801

Decision Date: 7/30/1990

Docket Number: No. 90-5049

Jurisdiction: U.S.

Bluebook Citation: Marcus v. United States, 909 F.2d 1470, 1990 U.S. App. LEXIS 12549, 1990 WL 106801 (Fed. Cir. 1990)

More Cases: Fed. Cir. decisions from 1990

Gilbert L. MARCUS, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

Attorneys

Gilbert L. Marcus, pro se.
Steven J. Gillingham, Dept, of Justice, Washington, D.G., for defendant-appellee. With him on the brief were Stuart M. Ger-son, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director, of counsel were Donald A. Gonya, Chief Counsel, Office of the Gen. Counsel, Social See. Admin., A. George Lowe, Deputy Chief Counsel and Robert Crowe.

majority NIES, Chief Judge.

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.

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