Legal Opinion
Elliott v. Weinberger
District Court, D. Hawaii
Decided February 4, 1974No. Civ. 72-3629PublishedCited by 20 opinions
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
SAMUEL P. KING, District Judge.
Under 42 U.S.C. § 404(a) and (b), 1 the Secretary of the Social Security Administration (hereinafter the “Administration”) may effect or waive recoupment of overpayments made to social security recipients. The Administration has promulgated procedures and regulations governing recoupment and waiver in its Claims Manual § 5503 2 and in the Code of Federal Regulations, 20 C.F.R. § 404.901 et seq. (1973). 3 The Plaintiffs in this class action claim that these procedures and regulations deny them due process of law under the…
2Cases cited46 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Argersinger v. HamlinSupreme Court of the United States · 1972
- Bell v. BursonSupreme Court of the United States · 1971
41 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Califano v. YamasakiSupreme Court of the United States · 1979
- Claudia Frost v. Caspar Weinberger, as Secretary of United States Department of Health,education and WelfareCourt of Appeals for the Second Circuit · 1975
- Elliott v. WeinbergerCourt of Appeals for the Ninth Circuit · 1977
- Arlene M. Mattern v. F. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1978
- Finnerty v. CowenCourt of Appeals for the Second Circuit · 1974
15 more not listed; retrieve them via the Exa API.