Larry Curlee v. Social Security Administration

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.

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.

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.

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.