actions have been restricted by the Supreme Court when Congress has
created other avenues for review and compensation. For example, the Court
denied a Bivens
action for procedural due process violations under the Social
Security Act disability provisions because Congress had created an independent
remedial scheme to restore benefits. [Schweiker v. Chilicky, 487 U.S. 412, 423
(1988)] Courts are careful not to extend
Bivens where it is unnecessary or
inappropriate. Some factors that may counsel hesitation in allowing
action against federal actors include: conflict with federal fiscal policy; the
existence of a comprehensive remedial scheme providing meaningful remedies
created by Congress; and the unique structure and nature of the military.
Id. at 421.