David L. Campbell, Plaintiff-appellant, v. the United States, Defendant-appellee, 5 F.3d 1504 (Fed. Cir. 1993)

David L. Campbell appeals the judgment of the United States Court of Federal Claims dismissing his complaint for failure to state a claim upon which relief may be granted.¹  We affirm.

Mr. Campbell filed a complaint in which he invoked the jurisdiction of the Court of Federal Claims under 28 U.S.C. § 1491(a) (1) and in which he claimed entitlement to disability benefits pursuant to the Federal Old Age, Survivors, and Disability Insurance programs. 42 U.S.C. §§ 401 et seq.; 20 C.F.R. Part 404. The court sue sponte dismissed the complaint for failure to state a claim upon which relief may be granted, because 28 U.S.C. § 1491(a) (1) does not give the Court of Federal Claims jurisdiction to review a final decision by the Secretary of Health and Human Services regarding Social Security benefits.

On appeal, Mr. Campbell contends that the court's action evidences "partiality," violates his rights to due process, and effectively denies him "meaningful access" to judicial review of his claims. These contentions are without merit.

The Court of Federal Claims may not "entertain claims to review decisions affecting Social Security disability assistance since such claims fall within the United States District Court's domain." Watts v. United States, 17 Cl.Ct. 290, 293 (1989); 42 U.S.C. § 405(g). The court properly dismissed Mr. Campbell's complaint.