Virginia ex rel. Coleman v. Califano

WIDENER, Circuit Judge:

The State of Virginia sought to amend its plan which implements its Aid to Families with Dependent Children (AFDC) program.1 The Department of Health, Education, and Welfare (HEW) denied approval of the proposed amendment. The merits of this case concern what procedural safeguards a State is entitled to under applicable statutes and regulations when it seeks review of HEW’s decision denying approval.

In 1976, Virginia submitted a plan amendment to HEW for approval. The amendment was not submitted as a new State plan. The Commissioner of the Social Security Administration…