Benton v. United States

Ann S. Benton brings this action as sole heir and personal representative of her late husband, Thaddeus Gh Benton. Plaintiff alleges that her husband, while employed as a Federal hearing examiner, was retired for physical disability improperly and without the protective procedures of Section 11 of the Administrative Procedure Act (APA). As a result, she claims she is entitled to recover back salary, lump sum benefits payable upon her husband’s death, and appropriate retirement benefits.

Mrs. Benton’s action presents an issue of first impression: whether Section 11 of the APA, which requires a…