10 U.S.C. § 1084

Determinations of dependency

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A determination of dependency by an administering Secretary under this chapter is conclusive. However, the administering Secretary may change a determination because of new evidence or for other good cause. The Secretary’s determination may not be reviewed in any court or by the Comptroller General, unless there has been fraud or gross negligence.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 1993–2025 · leading case: Phoenix W. Wheeler, Individually & on Behalf of a Class of Persons Similarly Situated v. United States, 11 F.3d 156 (Fed. Cir. 1993).

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Phoenix W. Wheeler, Individually & on Behalf of a Class of Persons Similarly Situated v. United States, 11 F.3d 156 (Fed. Cir. 1993). “Wheeler argues that in dismissing her complaint, the Court of Federal Claims improperly relied on 10 U.S.C. § 1084 (1988), which states: A determination of dependency by an administering Secretary under this chapter *159 is conclusive.”

Wheeler v. United States, 27 Fed. Cl. 756 (Fed. Cl. 1993). · cites it 3× “However, pursuant to 10 U.S.C. § 1084 , this court may not review the Secretary’s determination of dependency.”

White v. United States (Fed. Cl. 2025). · cites it 2× “1993) (quoting 10 U.S.C. § 1084 ). There, the Federal Circuit agreed with the trial court that “[t]he Secretary’s determination of who is covered by an employer-sponsored health plan is part of the Secretary’s determination of dependency.”

Bruce Bokony v. Dept. of Def. (8th Cir. 2021). “See 10 U.S.C. § 1084 (a determination of dependency is conclusive and may not be reviewed in any court absent fraud or gross negligence); Wheeler v.”

Claybrone v. Dean (W.D. Tex. 2025). “As detailed above, Claybrone must have alleged fraud or gross negligence pursuant to the statutory text, 10 U.S.C. § 1084 and 37 U.S.C. § 403 (k)(2), for the Court to have subject matter jurisdiction.”

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