CAROLINE WILLIAMS, PLAINTIFF-APPELLEE,
v.
CASPAR W. WEINBERGER, SECRETARY OF HEALTH, EDUCATION AND WELFARE, DEFENDANT-APPELLANT
CAROLINE WILLIAMS, PLAINTIFF-APPELLEE,
CASPAR W. WEINBERGER, SECRETARY OF HEALTH, EDUCATION AND WELFARE, DEFENDANT-APPELLANT
494 F.2d 1191
Court of Appeals for the Fifth Circuit (1974)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
This appeal is from an order of the district court requiring that appellant provide pre-termination oral evidentiary hearings to disability recipients under § 223 of the Social Security Act, 42 U.S. C.A. § 423 (1970). Williams v. Wein-berger, N.D.Ga., 1973, 360 F.Supp. 1349. The order was based on the decision in Eldridge v. Weinberger, W.D., Va., 1973, 361 F.Supp. 520, aff’d 493 F. 2d 1230 (4 Cir., 1974) [No. 73-1864, slip op. dated April 1, 1974]. The hearing required there and here was in the nature of that required for old age assistance and welfare beneficiaries under Title I and Title IV, respectively, of the Social Security Act. See Goldberg v. Kelly, 1970, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed. 287; Wheeler v. Montgomery, 1970, 397 U.S. 280, 90 S.Ct. 1026, 25 L.Ed.2d 307. See the modification contained in Richardson v. Perales, 1971, 402 U.S. 389, 91 S. Ct. 1420, 28 L.Ed.2d 842, as to the admissibility of written medical reports. 402 U.S. at 407.
Like the district court here and the Fourth Circuit, we conclude that the question presented was correctly decided in Eldridge v. Weinberger, supra.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mathews v. Eldridge, 424 U.S. 319 (U.S. 1976)
Authorities Cited
- Richardson v. Perales, 402 U.S. 389 (U.S. 1971)
- Goldberg v. Kelly, 397 U.S. 254 (U.S. 1970)
- Wheeler v. Montgomery, 397 U.S. 280 (U.S. 1970)
- United States v. Cent. Pac. R.R. Co., 99 U.S. 449 (U.S. 1878)
- Dollar Gen. Corp. v. Nat'l Labor Relations Bd., 493 F.2d 1230 (6th Cir. 1974)
- Eldridge v. Caspar Weinberger, 493 F.2d 1230 (4th Cir. 1974)