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ESSEX COUNTY WELFARE BD. v. PHILPOTT

59 N.J. 75 (1971)

279 A.2d 806

ESSEX COUNTY WELFARE BOARD, A CORPORATE ENTITY OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DORIS PHILPOTT, WILLIAM WILKES AND FIDELITY UNION TRUST COMPANY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 12, 1971.

Attorney(s) appearing for the Case

Mr. Ronald Reichstein argued the cause for plaintiff-appellant (Mr. John A. Matthews, Jr., attorney; Mr. Reichstein, on the brief).

Mr. George Bruno, of the Newark Legal Services Project, argued the cause for defendants-respondents Doris Philpott and William Wilkes (Mr. Richard N. Tilton, of the Newark Legal Services Project, of counsel).

No appearance entered or brief filed on behalf of defendant-respondent Fidelity Union Trust Company.

The opinion of the Court was delivered by HALL, J.

The question in this case is whether a state welfare agency, which had advanced monthly disability assistance to a person under N.J.S.A. 44:7-38 to -42, may recoup, out of a subsequent, retroactive, lump sum federal social security disability insurance benefits payment to him, an amount representing the duplication of benefits thereby received.

The federal payment in the sum of $1864.20 to defendant...

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