MARTHA J. BAKER AND JAMES L. FANIN, FOR THEMSELVES AND FOR ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,
v.
ELLIOT L. RICHARDSON, SECRETARY OF HEALTH, EDUCATION AND WELFARE, DEFENDANT-APPELLEE
MARTHA J. BAKER AND JAMES L. FANIN, FOR THEMSELVES AND FOR ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,
ELLIOT L. RICHARDSON, SECRETARY OF HEALTH, EDUCATION AND WELFARE, DEFENDANT-APPELLEE
462 F.2d 81
Court of Appeals for the Fifth Circuit (1972)
Opinion of the Court
PER CURIAM:
The plaintiffs-appellants, Social Security claimants, contend that the Secretary of Health, Education and Welfare violated procedural due process in suspending benefit payments without prior adequate notice and without an evidentiary hearing. We vacate the judgment of the district court and remand the case for reconsideration in light of Richardson v. Wright, 1972, 405 U.S. 208, 92 S.Ct. 788, 31 L.Ed.2d 151, Doyle v. Richardson, 5 Cir. 1972, 458 F. 2d 987, and the Department’s new procedures for dealing with overpayments, as set forth in the amended Social Security Administration’s Claims Manual.
Vacated and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Richardson v. Wright, 405 U.S. 208 (U.S. 1972)
- Doyle v. Elliot L. Richardson, 458 F.2d 987 (5th Cir. 1972)