Benjamin v. United States, No. 18-20185 (5th Cir. 2019)Annotate this Case
42 U.S.C. 405(h)—which states that no claim arising under the Social Security Act can be brought under 28 U.S.C. 1331 and 1346—does not bar bankruptcy courts from exercising their jurisdiction under section 1334 to hear Social Security claims. The Fifth Circuit reversed the district court's holding otherwise and, joining the Ninth Circuit, held that the plain text of section 405(h)'s third sentence only bars actions under section 1331 and 1346, not section 1334. In this case, the bankruptcy court should examine debtor's claims and determine if they were channeled by section 405(h)'s second sentence into section 405(g). If they are, the district court must determine if jurisdiction under section 405(g) exists. If not, then the bankruptcy court has jurisdiction under section 1334 to hear debtor's claims.
The court issued a subsequent related opinion or order on July 25, 2019.