Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

GEORGE H. ELDRIDGE, APPELLEE v. CASPAR WEINBERGER, SECRETARY OF HEALTH, EDUCATION AND WELFARE, APPELLANT.

PER CURIAM:

Asserting that his action in terminating appellee George H. Eldridge's medical disability payments, in July 1972, without a prior oral evidentiary hearing, was proper under the Social Security Administration's regulations, the Secretary of Health, Education and Welfare now appeals the District Court's injunction of the termination.

42 U.S.C. § 405(a); 20 C.F.R. § 404.1 et seq.

The point in this case is whether the procedure prescribed in the regulations — textually followed by the Secretary — afforded the recipient Constitutional due process in allowing his disability payments to be terminated without such an ore tenus hearing as is projected in Goldberg v. Kelly, 397 U.S. 254, 264, 267, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970). On the District Judge's opinion, we affirm. Eldridge v. Weinberger, 361 F. Supp. 520 (W.D.Va. 1973).

Disability Insurance State Manual, as revised February 25, 1972; and Claims Manual of the Social Security Administration.

Affirmed.

Use AI to get other relevant cases.

Comments

ELDRIDGE v. WEINBERGER
(Apr 1, 1974)