13 soc.sec.rep.ser. 390, unempl.ins.rep. Cch 16,828 Berdie Thomas v. Otis R. Bowen, Secretary of Health and Human Services, Defendants

While, for the reasons explained above, I believe this case is squarely controlled by Powderly v. Schweiker, 704 F.2d 1092 (9th Cir.1983), I write these additional thoughts to express concern about Powderly, at least as it applies to appellant Berdie Thomas.1 The majority in Powderly gave short shrift to the widow’s due process claim and held that the government could unilaterally debit her bank account to recoup funds she had received by cashing her deceased husband’s check.2 I see a serious tension be*735tween this ruling and established principles of private property. My concern is the…