Is There a Continuing Violation Theory in Bivens Actions
My question involves civil rights in the State of: Illinois
Can a Bivens action include a claim based on the continuing violations theory? The reason I asked is because I am extremely frustrated with the continuing misconduct of Social Security Administration employees who intentionally mishandle my disability claims and allow a third party to take the benefits in my name. :wallbang:
This goes back to my first disability claim in 2001. I eventually filed a Bivens action on that claim in 2008. However, the federal judge treated the case as a typical Soc Sec Dis review case; said I had to wait for a final decision from the commissioner, and dismissed the case for lack of subj matter jurisdiction. She ignored the chronological listing of the almost 30 due process violations the agency made in regards to my claim - essentially a constant disregard of the agency's regulations in regards to my claims. These violations include denying my access to the evidence in the claim file at each level of appeal; basing the initial determination on fraudulent consultative examinations - one doctor didn't examine me but he produced a report detailing results for tests he never performed. The SSA allowed a biased admin law judge to preside over my hearing.The ALJ told me during the hearing I did not have the conditions I said I have, but she would not request a medical expert for the hearing. She ignored evidence from my treating sources and me and based the decision solely on the fraudulent consultative examinations.
I sent about 20 complaints to the Office of Inspector General for the SSA but learned in January of 2012, that they never opened an investigation into any of my complaints. The current problem revolves around the new application I filed in May 2012, after exhausting the appeals on the previous claim.
I'm experiencing some of the same problems - SSA employees following directions of a third party and ignoring the agency's regulations and other laws. :confused:
Because of the complaints, I have an idea of some of these employees names. Am I naming each one who violated my rights, such as yesterday when I went to request the office and requested the decision on the reconsideration, the woman only gave me the appeal information. I didn't realize it until hours later. This was intentional. I've filed at least one complaint against this particular employee in the past. Is there a certain number of times they have to violate your rights before that particular employee can be named?
Re: Is There a Continuing Violation Theory in Bivens Actions
You must exhaust your administrative remedies before you can bring a Bivens action.