Wheeler v. Montgomery - 397 U.S. 280 (1970)


U.S. Supreme Court

Wheeler v. Montgomery, 397 U.S. 280 (1970)

Wheeler v. Montgomery

No. 14

Argued October 13, 1969

Decided March 23, 1970

397 U.S. 280

Syllabus

In a class action brought by recipients of old age benefits who are subject to California welfare termination provisions, a three-judge District Court upheld the California pre-termination review procedure in welfare cases though it does not afford the recipient an evidentiary hearing at which he may personally appear to offer oral evidence and confront adverse witnesses.

Held: Procedural due process requires a pre-termination evidentiary hearing before welfare payments may be discontinued or suspended. Goldberg v. Kelly, ante, p. 397 U. S. 254. Pp. 397 U. S. 281-282.

296 F.Supp. 138, reversed.



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