Goldberg v. Kelly

397 U.S. 254 (1970) ; Clearinghouse Number: 1799

Description

Supreme Court holds that procedural due process applicable to termination of welfare benefits

Abstract

The Supreme Court held that welfare benefits are a matter of statutory entitlement for persons qualified to receive them, and procedural due process is applicable to their termination. Appellees, New York City residents receiving financial aid under the federally assisted Aid to Families with Dependent Children program or under New York State's general Home Relief program, alleged that officials administering these programs terminated, or were about to terminate, such aid without prior notice and hearing, thereby denying them due process of law. The district court held that only a pretermination evidentiary hearing would satisfy the constitutional command, and rejected the argument of the welfare officials that the combination of the existing post-termination "fair hearing" and informal pre-termination review was sufficient. The Court held that the interest of the eligible recipient in the uninterrupted receipt of public assistance, which provides him with essential food, clothing, housing, and medical care, coupled with the state's interest that his payments not be erroneously terminated, clearly outweighs the state's competing concern to prevent any increase in its fiscal and administrative burdens.

Additional Information

Attorney Information
Appellees represented by Lee A. Albert, Henry Freedman, Sylvia Law, Robert Borsody, Center on Social Welfare Policy and Law, 401 West 117th Street, New York. N.Y.
Docket Date
1970-01-01 06:00:00+00:00