Benjamin v. United States (In Re Benjamin)

EDITH BROWN CLEMENT, Circuit Judge:

We withdraw our prior opinion, 924 F.3d 180 , and substitute the following:

The question presented is whether 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 -also bars bankruptcy courts from exercising their jurisdiction under § 1334 to hear Social Security claims. The district court answered yes, relying on the recodification canon to read into § 405(h) a bar on § 1334 jurisdiction. But because we follow § 405(h) 's plain text, we answer no and reverse.

I

Kenneth Benjamin…