U.S. Court of Appeals for the Fourth Circuit, 1974

Eldridge v. Weinberger

U.S. Court of Appeals for the Fourth Circuit · Decided April 1, 1974

493 F.2d 1230 (Federal Reporter, Second Series)

Counsel

James C. Hair, Jr., Atty., U. S. Dept, of Justice, (Irvin Jaffe, Acting Asst. Atty. Gen., Leigh B. Hanes, Jr., U. S. Atty., and Kathryn H. Baldwin, Atty., U. S. Dept, of Justice, on brief), for appellant., Donald E. Earls and Carl E. McAfee, Norton, Va. (Cline, McAfee, Adkins & Gillenwater, Norton, Va., on brief), for appellee.

Cases that cite this one

5 later published cases cite this decision.

Plato v. Roudebush (District Court, D. Maryland 1975)
Davis v. United States (District Court, D. Kansas 1976)
Sampayan v. Mathews (District Court, D. Guam 1976)
Arlene Mattern, on Behalf of Herself and All Others Similarly Situated v. Caspar W. Weinberger, Secretary of Health, Education and Welfare (3d Cir. 1975)
Saurino v. Weinberger (District Court, D. Rhode Island 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

Before BRYAN, Senior Circuit Judge, and BUTZNER, Circuit Judge.

Asserting that his action in terminating appellee George H. Eldridge’s medical disability payments, in July 1972, without a prior oral evidentiary hearing, was proper under the Social Security Administration’s regulations, the Secretary of Health, Education and Welfare now appeals the District Court’s injunction of the termination.1

The point in this case is whether the procedure prescribed in the regulations2 —textually followed by the Secretary— afforded the recipient Constitutional due process in allowing his disability payments to be terminated without such an ore tenus hearing as is projected in Goldberg v. Kelly, 397 U.S. 254, 264, 267, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970). On the District Judge’s opinion, we affirm. Eldridge v. Weinberger, 361 F.Supp. 520 (W.D.Va. 1973).

Affirmed.

. 42 U.S.C. § 405(a) ; 20 C.F.R. § 404.1 et seq.

. Disability Insurance State Manual, as revised February 25, 1972; and Claims Manual of the Social Security Administration.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.