Legal Opinion
Arlene Mattern, on Behalf of Herself and All Others Similarly Situated v. Caspar W. Weinberger, Secretary of Health, Education and Welfare
Court of Appeals for the Third Circuit
Decided June 3, 1975No. 74-1776PublishedCited by 67 opinions
1Opinion of the Court
OPINION OF THE COURT
HUNTER, Circuit Judge:
This appeal involves a challenge to the constitutionality of the procedure established by the Secretary of Health, Education and Welfare, pursuant to section 204 of the Social Security Act, 1 for the recoupment of alleged overpayments of benefits. The district court, 377 F.Supp. 906 (E.D.Pa., 1974), found the recoupment procedure violative of due process since it permitted an adjustment or reduction of social security payments without affording the beneficiary the right to a prior oral hearing. While we are in substantial agreement with the opinion of…
2Cases cited50 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Edelman v. JordanSupreme Court of the United States · 1974
- Goldberg v. KellySupreme Court of the United States · 1970
- Perry v. SindermannSupreme Court of the United States · 1972
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3Cited by67 opinions
- Califano v. YamasakiSupreme Court of the United States · 1979
- Nicholas J. Larionoff, Jr. v. The United States of America, Nicholas J. Larionoff, Jr. v. The United States of AmericaCourt of Appeals for the D.C. Circuit · 1976
- Auckland Holmes v. United States Board of Parole and United States Bureau of PrisonsCourt of Appeals for the Seventh Circuit · 1976
- West Penn Power Company, a Corporation v. Russell Train, Administrator of the Environmental Protection Agency of Theunited States of AmericaCourt of Appeals for the Third Circuit · 1975
- Báez Galib v. Comisión Estatal de EleccionesSupreme Court of Puerto Rico · 2000
62 more not listed; retrieve them via the Exa API.