U.S. Court of Appeals for the Federal Circuit, 1990

Gilbert L. MARCUS-Appellant v. the UNITED STATES-Appellee

Gilbert L. MARCUS-Appellant v. the UNITED STATES-Appellee
U.S. Court of Appeals for the Federal Circuit · Decided July 30, 1990 · Nies, Bennett, Brewster
909 F.2d 1470; 1990 U.S. App. LEXIS 12549; 1990 WL 106801 (Federal Reporter, Second Series)

Gilbert L. MARCUS-Appellant v. the UNITED STATES-Appellee

Opinion

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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