Social Security court review
Curlee v. Social Security Administration
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Larry Curlee asks the Supreme Court to review whether he may pursue constitutional and tort claims against the Social Security Administration, arguing that its process failed before a hearing and that no court reviewed his constitutional claims.
- What's at stake
- Whether Curlee may pursue these claims against the Social Security Administration remains unresolved.
Summary: written with AI from the case record.
What it's about
His petition was distributed for a conference; that is not a decision to hear the case.
Curlee says the agency process ended before a hearing and no court reviewed his constitutional claims.
Question presented
1. Whether Schweiker v. Chilicky, 487 U.S. 412 (1988), bars a Bivens action when the Social Security Administration's administrative process collapsed entirely before any merits hearing was held and no court has ever reviewed the constitutional claims at issue, thereby eliminating the factual predicate on which Schweiker's holding depends. 2. Whether, under Axon Enterprise, Inc. v. FTC, 598 U.S. 175 (2023), a district court retains federal question jurisdiction under 28 U.S.C. section 1331 over structural due process claims against the Social Security Administration when the agency's statutory review scheme has provided no meaningful opportunity for any court to consider those claims. 3. Whether a district court abuses its discretion by denying leave to amend when the plaintiff has expressly offered to relinquish all claims for monetary damages and to seek only declaratory relief, thereby eliminating the personal-liability rationale that is the sole stated basis for Schweiker's bar on Bivens recovery. 4. Whether 42 U.S.C. section 405(h) bars Federal Tort Claims Act claims that are wholly collateral to any benefits determination and that arose from tortious agency conduct for which no administrative hearing was ever held.
What happens next
The Court must decide whether to hear the petition. It was distributed for a Dec. 4, 2026, conference, but that does not guarantee a decision date.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
More questions
- What relief did Curlee offer instead of money damages?
- He offered to give up monetary claims and seek only a court declaration.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.