ASHBY v. WEINBERGER

No. 74-C-1790.

402 F.Supp. 1203 (1975)

Florence ASHBY, Plaintiff, v. Caspar WEINBERGER, in his individual capacity and as Secretary of the Department of Health, Education and Welfare, Defendant.

United States District Court, E. D. New York.

September 10, 1975.


Attorney(s) appearing for the Case

Judith L. Carlin, New York City, for plaintiff; Gerald Schwartz, New York City, of counsel.

David G. Trager, U. S. Atty., E.D. N.Y., Brooklyn, N. Y., for defendant; George H. Weller, Asst. U. S. Atty., of counsel.


BARTELS, District Judge.

Plaintiff sues the Secretary of the Department of Health, Education and Welfare to restore disability benefits provided to her under the Supplemental Security Income Program ("SSI"), 42 U.S.C.A § 1381 et seq., which were terminated without notice and hearing allegedly in violation of her Due Process rights under the Fifth Amendment, citing Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25...

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