Benjamin v. United States, No. 18-20185 (5th Cir. 2019)Annotate this Case
The Fifth Circuit withdrew its prior opinion and substituted the following opinion.
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 court joined the Ninth Circuit, holding that the plain text of section 405(h)'s third sentence does not bar section 1334 jurisdiction and the district court erred by concluding otherwise. The court offered guidance on remand, clarifying what type of decision section 405(h)'s second sentence channels. The court believed that section 405(h)'s second sentence applied only where the would-be plaintiff is challenging a decision regarding his entitlement to benefits. Accordingly, the court reversed and remanded for further proceedings.
This opinion or order relates to an opinion or order originally issued on May 10, 2019.