Hoerner v. United States Veterans Administration
Hoerner v. United States Veterans Administration
Opinion of the Court
This is an action filed by a number of veterans, and a veterans’ group, contesting certain benefit reduction actions taken by the Veterans Administration, in implementation of the so-called Gramm-Rudman-Hollings Act, P.L. 99-177, 99 Stat. 1037. The Veterans Administration, like all federal executive and independent agencies, was faced with a 4.3 per cent reduction in programmatic funding (by sequestration), effective March 1, 1986. As one means of implementing this reduction, the Veterans Administration adopted a policy that pro rata reduced certain veterans’ benefits awarded after February 28, 1986. This had the effect of reducing educational and other veterans’ benefits that plaintiffs received after March 1, 1986, even in respect of education pursued, and other benefit entitlements claimed to have arisen, prior to March 1, 1986. The defendants have moved to dismiss, and the plaintiffs have responded. No oral hearing is deemed necessary. Local Rule 6, D.Md.
Upon review of the complaint and the defendants’ motion to dismiss, the Court finds that plaintiffs have not stated a claim upon which relief can be granted. Fed.R. Civ.P. 12(b)(6). (Although the defendants’ motion referred to Fed.R.Civ.P. 12(c), it is clearly a motion to dismiss, and the reference to Rule 12(c) rather than Rule 12(b) is merely a minor error. No prejudice has arisen, because the plaintiffs have opposed the motion as if it were a motion to dismiss under Rule 12(b).)
First, to the extent that the plaintiffs seek review of the individual benefit reductions made in their own cases, or to the extent they attack, on non-constitutional grounds, any “decisions of the [Veterans] Administrator, on any question of law or fact ...,” this Court lacks jurisdiction to conduct ordinary judicial review. 38 U.S.C. § 211(a) (1979); Johnson v. Robison, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165, 39 L.Ed. 2d 389 (1974).
Although, under the cited statute, as interpreted in Johnson, constitutional challenges to the Administrator’s decisional processes are not insulated from judicial review, 415 U.S. at 366-74, 94 S.Ct. at 1165-69, this complaint does not state a constitutional claim that has any degree of viability. Plaintiffs argue an equal protec
If the complaint is read as stating a claim for a taking of “vested rights without due process,” it has no greater merit than if it is read as asserting an equal protection claim. Determining whether administrative procedures are mandated to satisfy the formal procedural due process requisites of the Fifth and Fourteenth Amendments requires analysis of the governmental and private interests that are affected. Mathews v. Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 902, 47 L.Ed.2d 18 (1976). Three factors must be considered: the private interest that is affected by the decision; the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional procedural safeguards; and the Government’s interest, including the function involved and the fiscal and administrative burdens that additional procedures would create. Id. 424 U.S. at 335, 96 S.Ct. at 903. With respect to the case of reduction or withdrawal of individual benefits in individual cases, courts have held that due process requires some sort of formal adjudication of the issues. See, e.g., Mathes v. Hornbarger, 821 F.2d 439, 400-41 (7th Cir. 1987). In an individual case, it is necessary for the Administrator to make factual and legal findings with respect to the claimant’s eligibility. The procedural safeguards present in a formal adjudication will lessen the risk of an erroneous decision with respect to the factual and legal issues to be decided. The opportunity to be heard and to present evidence will also help assure that individual claimants are treated equally with regard to other claimants similarly situated. In contrast, additional administrative procedures, such as notice and hearing, are simply not called for in the context of a budgetary cutback decision. There is no necessity for a factual and/or legal finding to be made by the Administrator with respect to any individual claim. Such process as was due was in fact received. Congress enacted a budgetary measure after debate. The Administrator then implemented that enactment by exercising his fiscal discretion within the limits
Turning to the plaintiffs’ non-constitutional claims, the Court finds no viable claim stated for violation of the rule-making provisions of the Administrative Procedure Act (APA), 5 U.S.C. § 553, because the action in question was simply not rule-making, as defined in 5 U.S.C. § 551(4). Batterton v. Marshall, 648 F.2d 694, 701 n. 25 (D.C.Cir. 1980). What this action was may be simply characterized — it was the implementation of a Congressional budgetary directive by administrative action. Also, and more fundamentally, because the “rule” here at issue clearly and indisputably “involved ... a matter relating to ... benefits,” it was expressly exempt from the rulemaking requirements of the APA. 5 U.S.C. § 553(a)(2). If an agency action relates to benefits, the notice and publication requirements of the APA are obviously and expressly inapplicable. See, e.g., Bedford County General Hospital v. Heckler, 757 F.2d 87, 92 (6th Cir. 1985). Here, the plaintiffs have not pleaded or otherwise pointed to any voluntary abandonment of the § 553(a)(2) “benefits exemption” by the Veterans Administration. See Batterton, 648 F.2d at 700. In fact, the Veterans Administration policy statement, unlike that of the Labor Department set forth in Batterton (from 29 C.F.R. § 2.7 (1979)), does not waive the “benefits exemption”; it only binds the Administration to act “in accordance with the provisions of the [APA],” one of which, or course, is the express “benefits exemption” of § 553(a)(2). See 38 C.F.R. § 1.12 (1986). Thus, Batterton, the case principally relied upon by plaintiffs, is not authority for the application of the APA’s rule-making provisions to this case. Finally, under the substantive review provision of the APA, 5 U.S.C. § 706, the Court finds nothing in the complaint demonstrating that the Agency’s action was unreasonable, arbitrary, capricious, or ultra vires. Rather, there was an obviously proper consideration of alternatives, the weighing of which was committed to the Administrator’s discretion. See, e.g., Duke City Lumber Co. v. Butz, 382 F.Supp. 362, 371 (D.D.C. 1974), aff'd in part, 539 F.2d 220 (1976), cert. denied, 429 U.S. 1039, 97 S.Ct. 737, 50 L.Ed.2d 751 (1977).
For the reasons stated, an order will be entered separately, granting the defendants’ motion and dismissing the complaint for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6).
Reference
- Full Case Name
- Claude A. HOERNER, Vietnam Veterans of America, Inc., Lorie Leigh Pena, Anthony R. Decker, Robert K. Craddock, Jr., on behalf of themselves and all others similarly situated v. UNITED STATES VETERANS ADMINISTRATION, Thomas K. Turnage, Administrator of Veterans Affairs
- Status
- Published