MATHEWS v. ELDRIDGE

No. 74-204.

424 U.S. 319 (1976)

MATHEWS, SECRETARY OF HEALTH, EDUCATION, AND WELFARE v. ELDRIDGE.

Supreme Court of United States.

Decided February 24, 1976.


Attorney(s) appearing for the Case

Solicitor General Bork argued the cause for petitioner. With him on the briefs were Deputy Solicitor General Jones, Acting Assistant Attorney General Jaffe, Gerald P. Norton, William Kanter, and David M. Cohen.

Donald E. Earls argued the cause for respondent. With him on the briefs was Carl E. McAfee.*


MR. JUSTICE POWELL delivered the opinion of the Court.

The issue in this case is whether the Due Process Clause of the Fifth Amendment requires that prior to the termination of Social Security disability benefit payments the recipient be afforded an opportunity for an evidentiary hearing.

I

Cash benefits are provided to workers during periods in which they are completely disabled under the disability insurance benefits program created by the 1956...

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