The soc sec adm. has messed up 30 or more years of my life what type of case would this be and can I sue the government? 3 Answers as of March 06, 2013I was naturalized through my mother in 1971. In 1974, I applied for a SS card. In 1994, they called me into their office and told me there were 2 people who had the same number. They change mine. In 2004 I receive a new card in the mail ( unasked for ) with markings stating " Authorization to work with INS approval " I called them and they stated I was a " permanent resident " so I called INS and informed them. They stated the same, I asked, “Can anyone who is not a US citizen carry a US passport?” They said NO. I have held a US passport for many years. Every time I try to get a job a red flag comes up on my SS. Now after suffering a Heart Attack ( 2 stents ) and also being broken up like Evil Kneivel through the years, I have tried many times and been denied disability. I can't afford a lawyer and most will tell me I can't sue the Government. I beg to differ, although I'm not sure which type/category of case this would fall under. Also would a lawyer take this type of case? There are a lot of other circumstances involved in this however I want to sue the SS Administration for negligence & incompetence etc. I am 50 now and I feel as though I'm due some compensation for 30+ years of my life messed up. In 1974 there was a social security adm building here, in recent years they had one small office in our local post office, now there’s nothing here and I can't afford to drive the 40-50 miles to the nearest office, I don't feel as though I should anyhow, I have gotten no help from them in regards to this matter for all these years and now that I'm basically disabled.. Still no help.
Law Offices of William S. Lindheim | Fred Fong
The Federal Gov't is know for its egregious erros in the administration of its functions. You asked an interesting question as to whether you can sue the fed. gov't for bungling your identity repeatedly by branding your social security number as one belonging to a non-citizen when in fact you are a citizen. You may get a different opinion from another attorney, but in my opinion, you will not be able to sue the federal gov't. Under the Federal Torts Claims Act ( 28 U.S.C. Sec. 1346(b) et. seq.). It defines the grounds a citizen may sue the fed. gov't. Based on your set of facts, it does not appear that you can sue, because the FTCA does not permit a citizen to sue the gov't when the gov't entity is exercising its discretionary functions and makes errors. See. 28 U.S.C. Sec. 2680 which excepts certain types of grounds for suing the fed gov't. I hope this helps.
Answer Applies to: California