Opinion · Court of Appeals for the Fifth Circuit

Caroline Williams v. Caspar W. Weinberger, Secretary of Health, Education and Welfare

494 F.2d 1191

Type: Opinion
Court: Court of Appeals for the Fifth Circuit
Jurisdiction: Federal
Date: 1974-05-31
Topic: general

PER CURIAM: 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. Wein-berger, N.D.Ga., 1973, 360 F.Supp. 1349. The order was based on the decision in Eldridge v.

Citator

UpLaw has not yet analyzed Caroline Williams v. Caspar W. Weinberger, Secretary of Health, Education and Welfare. The absence of a flag is not a finding that it is good law.

Cited by: 5 opinions

WILLIAMS v. WEINBERGER,494 F.2d 1191(5th Cir. 1974)

CAROLINE WILLIAMS, PLAINTIFF-APPELLEE, v. CASPAR W. WEINBERGER, SECRETARY OF

HEALTH, EDUCATION AND WELFARE, DEFENDANT-APPELLANT.

No. 73-3653.

United States Court of Appeals, Fifth Circuit.

May 31, 1974.

Page 1192

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.

PER CURIAM:

[1] 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'd493 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.SeeGoldberg 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.

[2] Like the district court here and the Fourth Circuit, we conclude that the question presented was correctly decided in Eldridge v. Weinberger,supra.

[3] Affirmed.Page 1257