Legal Opinion

Arlene M. Mattern v. F. David Mathews, Secretary of Health, Education and Welfare

Court of Appeals for the Third Circuit

Decided June 30, 1978No. 77-1629PublishedCited by 50 opinions

1Opinion of the Court

OPINION

JAMES HUNTER, III, Circuit Judge.

In this appeal we again examine the constitutionality of the procedures established by the Secretary of Health, Education and Welfare for recoupment of alleged overpayments under section 204 of the Social Security Act. 1 When this case was first present ed to the district court, the administrative procedures were found to violate due process since they permitted an adjustment or reduction of social security payments without affording the beneficiary the right to a prior oral hearing. Mattern v. Weinberger, 377 F.Supp. 906 (E.D.Pa.1974). On review, we…

2Cases cited29 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Goldberg v. KellySupreme Court of the United States · 1970
  4. Califano v. SandersSupreme Court of the United States · 1977
  5. Weinberger v. SalfiSupreme Court of the United States · 1975

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3Cited by50 opinions

  1. Califano v. YamasakiSupreme Court of the United States · 1979
  2. Andrew Cirko v. Commissioner Social SecurityCourt of Appeals for the Third Circuit · 2020
  3. Anna Ross v. John Horn, Commissioner, Division of Employment Security, Department of Labor and Industry of the State of New JerseyCourt of Appeals for the Third Circuit · 1979
  4. Wright v. CalifanoCourt of Appeals for the Seventh Circuit · 1978
  5. Lois M. Grant, on Behalf of Herself and All Other Similarly Situated Persons v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1993

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