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2015 November

“Transitional Due Process”

Still a Viable Theory for Challenging the Implementation of Tightened Public Benefit Program Rules

By John Bouman & Lauren P. Schroeder

“Transitional due process” refers to the procedural rights that public benefits recipients have when a public benefits program changes its rules to reduce benefits or tighten eligibility. The Seventh Circuit set out rules for these transitional due process claims in its 1995 decision in Youakim v. McDonald. Since then, courts have refined the analysis, but the basic requirements for a successful transitional due process claim have remained the same.

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