Legal Opinion

Essex County Welfare Board v. Philpott

Supreme Court of New Jersey

Decided July 12, 1971PublishedCited by 8 opinions

1Opinion of the Court

The opinion of the Court was delivered by

Hall, J.

The question in this case is whether a state welfare agency, which had advanced monthly disability assistance to a person under N. J. 8. A. 44:7-38 to -42, may recoup, out of a subsequent, retroactive, lump sum federal social security disability insurance benefits payment to him, an amount representing the duplication of benefits thereby received.

The federal payment in the sum of $1864.20 to defendant Wilkes, the recipient of both sets of benefits, was de posited and constitutes the balance in a bank account under the name of defendant Philpott…

2Cases cited5 opinions

  1. In Re Lewis' EstateMichigan Supreme Court · 1938
  2. Tressie Savoid, Committee of George David Savoid v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1961
  3. State v. BeanSupreme Judicial Court of Maine · 1963
  4. State Department of Public Welfare v. DeBakerWisconsin Supreme Court · 1958
  5. Department of Public Welfare v. SevcikIllinois Supreme Court · 1960

3Cited by8 opinions

  1. Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
  2. Ogdon v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1974
  3. Binder & Binder Pc v. Jo Anne B. Barnhart, Commissioner of Social Security AdministrationCourt of Appeals for the Second Circuit · 2005
  4. State, Central Collection v. StewartCourt of Appeals of Maryland · 1981
  5. Freedom Finance Co., Inc. v. FleckensteinNew Jersey Superior Court Appellate Division · 1971

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