From Casetext: Smarter Legal Research

Williams v. Weinberger

United States Court of Appeals, Fifth Circuit
May 31, 1974
494 F.2d 1191 (5th Cir. 1974)

Opinion

No. 73-3653.

May 31, 1974.

John W. Stokes, U.S. Atty., Julian M. Longley, Charney K. Berger, Asst. U.S. Attys., Atlanta, Ga., Harlington Wood, Jr., Harland F. Leathers, Kenneth A. Rutherford, Kathryn H. Baldwin, James E. Hair, Attys., Dept. of Justice, Washington, D.C., for defendant-appellant.

Jay E. Loeb, David A. Webster, Michael, H. Terry, Atlanta, Ga., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before BELL, GOLDBERG and CLARK, Circuit Judges.


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. Weinberger, 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.


Summaries of

Williams v. Weinberger

United States Court of Appeals, Fifth Circuit
May 31, 1974
494 F.2d 1191 (5th Cir. 1974)
Case details for

Williams v. Weinberger

Case Details

Full title:CAROLINE WILLIAMS, PLAINTIFF-APPELLEE, v. CASPAR W. WEINBERGER, SECRETARY…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 31, 1974

Citations

494 F.2d 1191 (5th Cir. 1974)

Citing Cases

Plato v. Roudebush

In addition, lower courts have recognized a right to a pretermination hearing to protect citizens from…

Mathews v. Eldridge

See 45 C.F.R. § 205.10 (a) (1975); n. 4, supra.The Court of Appeals for the Fifth Circuit, simply noting that…