Legal Opinion

Darby v. Schweiker

District Court, E.D. Pennsylvania

Decided January 19, 1983No. Civ. A. 82-1984PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BECHTLE, District Judge.

In this action, plaintiff Deborah Darby seeks declaratory and injunctive relief to prevent the defendant, Secretary of Health and Human Services, from terminating her disability benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq., prior to an evidentiary hearing. 1 Plaintiff asserts that the present procedure is in violation of the equal protection clause because recipients of disability benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., receive such a hearing prior to the termination of their…

2Cases cited7 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Weinberger v. SalfiSupreme Court of the United States · 1975
  3. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  4. Sosna v. IowaSupreme Court of the United States · 1975
  5. Weinstein v. BradfordSupreme Court of the United States · 1975

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3Cited by2 opinions

  1. Rivera v. HecklerDistrict Court, D. New Jersey · 1983
  2. Diogenes v. MalcolmDistrict Court, E.D. Pennsylvania · 1985

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