califano
yamasaki
argued
march
decided
june
section
social
security
act
act
authorizes
secretary
department
health
education
welfare
recoup
erroneous
overpayments
made
beneficiary
survivors
disability
insurance
programs
decreasing
future
payments
overpaid
person
entitled
however
commands
shall
adjustment
payments
recovery
person
without
fault
adjustment
defeat
purpose
subchapter
equity
good
conscience
secretary
practice
ex
parte
determination
made
overpayment
made
recipient
notified
determination
recipient
may
file
written
request
seeking
reconsideration
determination
asking
secretary
waive
recovery
accordance
upon
review
papers
decision
goes
recipient
recoupment
begins
recipient
given
opportunity
oral
hearing
thereafter
continues
object
recoupment
recipient
may
seek
subsequent
administrative
review
finally
may
seek
review
federal
act
provides
person
final
decision
secretary
made
hearing
party
may
obtain
review
decision
instituting
civil
action
respondents
unsuccessfully
sought
administrative
relief
recoupment
determinations
instituted
federal
actions
alleging
given
adequate
notice
opportunity
oral
hearing
recoupment
began
recoupment
procedures
violated
due
process
clause
fifth
amendment
action
class
certification
sought
one
action
requested
class
nationwide
respective
district
courts
granted
class
certification
held
secretary
recoupment
procedures
unconstitutional
ordered
injunctive
relief
appeals
consolidated
cases
appeal
upheld
certification
classes
merits
without
directly
addressing
respondents
statutory
claims
held
inter
alia
waiver
recoupment
requested
pursuant
due
process
clause
required
recipient
given
oral
hearing
recoupment
began
prior
hearing
required
reconsideration
cases
dispute
centered
computational
error
payment
problem
demanding
evaluation
credibility
held
recipients
file
written
request
waiver
entitled
opportunity
prerecoupment
oral
hearing
merely
request
reconsideration
entitled
pp
face
requires
secretary
make
prerecoupment
waiver
decision
decision
like
concerning
fact
overpayment
accurate
pp
neither
standards
due
process
clause
require
prerecoupment
oral
hearings
requests
reconsideration
whether
overpayment
occurred
rare
instance
credibility
dispute
relevant
claim
sufficient
require
secretary
grant
hearing
requests
involve
credibility
however
respect
waiver
secretary
right
recoup
nature
statutory
standards
involving
determinations
fault
whether
recoupment
equity
good
conscience
makes
prerecoupment
oral
hearing
essential
recipient
requests
waiver
pp
nothing
prohibits
prerecoupment
hearing
relief
awarded
case
pp
district
jurisdiction
claims
members
class
accordance
requirements
set
also
discretion
fed
rule
civ
proc
certify
class
action
litigation
claims
pp
abuse
discretion
certifying
nationwide
class
pp
classes
certified
exceed
bounds
permitted
final
decision
requirement
include
persons
filed
requests
reconsideration
waiver
past
future
nevertheless
basis
altering
relief
actually
granted
include
meet
requirement
pp
injunctive
relief
may
awarded
proceeding
nothing
either
language
legislative
history
statute
indicating
congress
intended
preclude
injunctive
relief
pp
blackmun
delivered
opinion
members
joined
except
powell
took
part
consideration
decision
case
peter
buscemi
argued
cause
petitioner
pro
hac
vice
briefs
solicitor
general
mccree
assistant
attorney
general
babcock
william
kanter
stanley
levin
argued
cause
respondents
brief
jeff
spence
briefs
amici
curiae
urging
affirmance
filed
albert
woll
laurence
gold
american
federation
labor
congress
industrial
organizations
edward
king
gray
panthers
charles
bane
thomas
barr
norman
redlich
robert
murphy
norman
chachkin
richard
kohn
stuart
schmitz
lawyers
committee
civil
rights
law
justice
blackmun
delivered
opinion
petitioner
secretary
department
health
education
welfare
hew
determined
respondents
beneficiaries
social
security
act
overpaid
seeks
recoup
overpayments
withholding
future
benefits
respondents
otherwise
entitled
respondents
turn
requested
reconsideration
waiver
recoupment
act
primary
questions
case
whether
petitioner
must
grant
respondents
opportunity
oral
hearing
recoupment
begins
whether
jurisdiction
act
permits
federal
district
certify
nationwide
class
grant
injunctive
relief
section
social
security
act
stat
amended
authorizes
recovery
overpayments
made
beneficiary
survivors
disability
insurance
programs
administered
hew
particular
permits
secretary
recoup
erroneous
overpayments
decreasing
future
payments
overpaid
person
entitled
section
however
expressly
limits
recoupment
authority
conferred
section
set
forth
commands
shall
adjustment
payments
recovery
person
without
fault
adjustment
recovery
defeat
purpose
subchapter
equity
good
conscience
regulations
say
defeat
purpose
subchapter
deprive
person
income
required
ordinary
necessary
living
expenses
expenses
defined
include
among
things
food
rent
medical
bills
recoupment
equity
good
conscience
recipient
notice
payment
made
reason
incorrect
payment
relinquished
valuable
right
changed
position
worse
example
detrimental
reliance
sufficient
permitting
private
hospital
insurance
lapse
mistaken
expectation
receiving
federal
hospital
benefits
ibid
secretary
practice
make
ex
parte
determination
overpayment
made
notify
recipient
determination
shift
recipient
burden
either
seeking
reconsideration
contest
accuracy
determination
ii
asking
secretary
forgive
debt
waive
recovery
accordance
recipient
files
written
request
reconsideration
waiver
recoupment
deferred
pending
action
request
social
security
claims
manual
claims
manual
papers
sent
one
seven
regional
offices
request
reviewed
regional
office
decision
goes
recipient
recoupment
begins
recipient
monthly
benefits
reduced
terminated
overpayment
recouped
recipient
continues
object
given
opportunity
present
story
person
someone
authority
decide
case
opportunity
takes
form
de
novo
evidential
hearing
independent
hearing
examiner
cfr
recipient
may
seek
subsequent
review
appeals
council
finally
federal
act
decided
secretary
initial
determination
error
amounts
wrongfully
recouped
repaid
ii
elliott
case
district
certified
class
social
security
old
age
disability
benefit
recipients
resident
state
hawaii
subjected
adjustment
social
security
benefits
pursuant
without
adequate
prior
notice
grounds
action
without
prior
hearing
disputed
issues
relating
actions
found
jurisdiction
mandamus
statute
granted
relief
respondents
said
due
process
required
secretary
provide
opportunity
informal
oral
hearing
independent
decisionmaker
prior
recoupment
holding
relied
goldberg
kelly
determined
due
process
clause
statutory
right
welfare
benefits
terminated
without
prior
notice
opportunity
evidential
hearing
also
held
constitution
required
initial
overpayment
notice
modified
inform
recipient
fully
concerning
recoupment
procedures
although
discuss
respondents
statutory
claim
granted
judgment
respondents
statutory
constitutional
grounds
ordered
injunctive
relief
class
elliott
weinberger
supp
buffington
case
district
certified
nationwide
class
composed
individuals
eligible
survivors
benefits
whose
benefits
reduced
otherwise
adjusted
without
prior
notice
opportunity
hearing
however
excluded
class
residents
hawaii
eastern
district
pennsylvania
suits
raising
similar
issues
known
brought
see
mattern
weinberger
precautionary
measure
also
excluded
persons
participated
plaintiffs
members
plaintiff
class
litigation
secretary
similar
issues
decision
merits
previously
rendered
app
granted
summary
judgment
class
found
jurisdiction
mandamus
statute
enjoined
secretary
ordering
recoupment
without
provided
recipients
prior
opportunity
informal
hearing
independent
decisionmaker
also
ordered
initial
notice
amended
provide
information
recoupment
procedures
buffington
weinberger
civ
wd
app
appeals
subsequent
decision
mathews
eldridge
held
due
process
clause
require
oral
hearing
prior
termination
social
security
disability
insurance
benefits
granted
petitions
writs
certiorari
filed
secretary
case
mattern
supra
vacated
judgments
remanded
cases
consideration
light
eldridge
remand
appeals
adhered
essential
features
original
decision
elliott
weinberger
reaffirmed
holding
jurisdiction
mandamus
statute
noted
eldridge
indicated
named
plaintiffs
able
assert
jurisdiction
based
weinberger
salfi
doubt
whether
statute
provide
jurisdiction
class
action
seeking
injunctive
relief
therefore
extraordinary
remedy
mandamus
invoked
found
actions
foreclosed
jurisdictional
limitations
contained
actions
brought
enforce
constitutional
rights
recover
claim
benefits
merits
found
eldridge
distinguishable
one
three
grounds
cited
support
conclusion
particular
relevance
expressly
found
secretary
procedures
handling
waivers
created
undue
risk
erroneous
deprivation
said
unlike
medical
decision
issue
eldridge
grant
waiver
frequently
depended
credibility
ascertained
written
submission
secretary
relied
thus
held
waiver
requested
due
process
clause
required
recipient
given
oral
hearing
recoupment
begins
said
prior
hearing
required
however
reconsideration
cases
dispute
routine
one
centering
computational
error
payment
problem
demand
evaluation
credibility
specified
six
requirements
oral
hearing
meet
including
rights
receive
notice
submit
evidence
witnesses
counsel
impartial
hearing
officer
receive
written
decision
require
transcript
hearing
made
also
held
notice
must
plainly
clearly
communicated
ibid
suggested
accomplished
including
notice
matters
reason
overpayment
statement
right
request
reconsideration
waiver
forms
available
purpose
description
nature
reconsideration
waiver
notice
right
prerecoupment
hearing
secretary
filed
petition
writ
certiorari
seeking
review
holding
due
process
clause
required
prerecoupment
oral
hearing
determination
class
properly
certified
secretary
however
request
review
holding
notice
recoupment
constitutionally
defective
certiorari
granted
califano
elliott
iii
presented
statutory
constitutional
grounds
support
relief
requested
usually
pass
statutory
claim
considering
constitutional
question
new
york
city
transit
authority
beazer
cio
ashwander
tva
concurring
opinion
due
respect
coordinate
branches
government
well
reluctance
conscious
fallibility
speak
utmost
finality
see
brown
allen
jackson
concurring
result
counsels
unnecessary
constitutional
adjudication
construction
statute
fairly
possible
serious
doubt
constitutionality
may
avoided
crowell
benson
adopt
construction
particular
willing
assume
congressional
solicitude
fair
procedure
absent
explicit
statutory
language
contrary
see
greene
mcelroy
district
courts
appeals
cases
us
gave
principles
somewhat
short
shrift
declining
pass
expressly
respondents
contention
requires
prerecoupment
oral
hearing
turn
statute
first
find
fairly
may
read
require
prerecoupment
decision
secretary
respect
reconsideration
whether
overpayment
occurred
agree
statute
require
decision
involve
prior
oral
hearing
reject
respondents
contention
constitution
respect
waiver
secretary
right
recoup
however
nature
statutory
standards
makes
hearing
essential
find
unnecessary
determine
whether
constitution
require
similar
result
face
requires
secretary
make
prerecoupment
waiver
decision
decision
like
concerning
fact
overpayment
accurate
imperative
voice
says
shall
adjustment
payments
recovery
person
qualifies
waiver
see
mattern
weinberger
echoing
requirement
says
proper
adjustments
recoveries
made
implication
recoupment
person
qualifying
proper
insofar
read
require
prerecoupment
decision
reading
accord
manner
secretary
presently
administers
statute
recoupment
made
preliminary
waiver
reconsideration
decision
taken
place
either
default
recipient
received
proper
notice
review
written
request
claims
manual
interpretation
also
reinforced
comparison
sections
social
security
act
section
strikingly
unlike
expressly
permits
suspension
disability
benefits
eligibility
finally
decided
see
richardson
wright
hand
analogy
may
drawn
california
human
resources
dept
java
interpreted
require
payment
unemployment
benefits
pending
final
determination
eligibility
neither
expressly
addresses
timing
hearing
speak
mandatory
terms
imply
mandated
act
waiver
recoupment
payment
benefits
precede
action
heart
present
dispute
concerns
whether
prerecoupment
decision
made
whether
making
decision
regional
office
review
written
waiver
request
sufficient
protect
recipient
right
subjected
improper
recoupment
regard
requests
reconsideration
whether
overpayment
occurred
may
distinguished
requests
waiver
secretary
right
recoup
courts
appeals
case
mattern
noted
requests
reconsideration
involve
relatively
straightforward
matters
computation
written
review
ordinarily
adequate
means
correct
prior
mistakes
elliott
mattern
mathews
many
named
respondents
found
overpaid
based
earnings
reports
submitted
unlike
appeals
case
think
rare
instance
credibility
dispute
relevant
claim
sufficient
require
secretary
sift
requests
reconsideration
grant
hearing
involve
credibility
statute
authorizes
proper
recoupment
leeway
practical
administration
must
allowed
standards
due
process
clause
tolerant
strict
language
issue
require
prerecoupment
oral
hearings
afforded
cases
nature
due
process
hearing
shaped
risk
error
inherent
truthfinding
process
applied
generality
cases
rare
exceptions
mathews
eldridge
inconsistent
principle
require
hearing
review
beneficiary
written
submission
adequate
means
resolving
disputes
mattern
contrast
written
review
hardly
seems
sufficient
discharge
secretary
statutory
duty
make
accurate
determination
waiver
subsection
secretary
must
assess
absence
fault
determine
whether
recoupment
equity
good
conscience
standards
apply
previously
noted
broad
fault
standard
inherently
subject
factual
determination
adversarial
input
mitchell
grant
secretary
regulations
make
clear
fault
depends
evaluation
pertinent
circumstances
including
recipient
intelligence
physical
mental
condition
well
good
faith
cfr
see
evaluated
absent
personal
contact
recipient
person
decides
case
evaluating
fault
like
judging
detrimental
reliance
usually
requires
assessment
recipient
credibility
written
submissions
particularly
inappropriate
way
distinguish
genuine
hard
luck
story
fabricated
tall
tale
see
goldberg
kelly
consequences
injunctions
entered
district
courts
confirm
reasonableness
interpreting
require
prerecoupment
oral
hearing
compliance
orders
secretary
beginning
calendar
year
granted
respondents
term
short
personal
conference
impartial
employee
social
security
administration
time
recipient
presents
testimony
evidence
witnesses
administrative
employee
questions
recipient
brief
respondents
approximately
conferences
held
january
october
resulted
reversal
secretary
decision
brief
petitioner
rate
reversal
confirms
view
without
oral
hearing
secretary
may
misjudge
number
cases
otherwise
able
assess
properly
hearing
requirement
imposed
appeals
significantly
furthers
statutory
goal
shall
recoupment
waiver
appropriate
therefore
agree
appeals
opportunity
prerecoupment
oral
hearing
required
recipient
requests
waiver
iv
without
full
consideration
question
appeals
expressed
doubts
availability
full
relief
act
judicial
review
provision
therefore
invoked
extraordinary
remedy
mandamus
jurisdiction
provided
secretary
contends
mandamus
appropriate
though
concedes
jurisdiction
claims
named
plaintiffs
proper
argues
class
relief
inappropriate
section
secretary
contends
alternative
even
class
relief
appropriate
nationwide
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certified
classes
include
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filed
reconsideration
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awarded
persons
courts
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secretary
also
contends
injunctive
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contentions
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mandamus
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argues
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relief
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relief
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making
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secretary
relies
language
authorizes
suit
ny
individual
speaks
judicial
review
final
decision
secretary
made
hearing
plaintiff
party
empowers
district
courts
enter
judgment
affirming
modifying
reversing
decision
secretary
language
secretary
says
indicates
congress
contemplated
adjudication
claims
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relief
secretary
contends
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weinberger
salfi
finding
class
relief
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facts
case
legislative
history
support
argument
regard
though
secretary
concedes
every
appeals
considered
issue
concluded
class
relief
available
distinguishes
cases
grounds
evinced
insufficient
respect
statute
plain
language
exaggerated
need
class
relief
actions
restricted
judicial
review
detrimental
effect
administration
social
security
act
secretary
says
appeal
adverse
decisions
abide
within
jurisdiction
courts
rendering
thus
need
repetitious
litigation
order
establish
legal
principles
beyond
confines
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case
need
afford
class
relief
cases
brought
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contains
express
limitation
class
relief
prescribes
judicial
review
shall
usual
type
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action
brought
routinely
district
connection
array
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litigation
federal
rule
civ
proc
turn
provides
rules
govern
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courts
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nature
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actions
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rule
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proc
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intent
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nature
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purpose
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actions
brought
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including
seeking
overturn
determinations
departments
executive
branch
government
cases
judicial
review
determinations
authorized
find
necessary
clear
expression
congressional
intent
exempt
actions
brought
statute
operation
federal
rules
civil
procedure
fact
statute
speaks
terms
action
brought
individual
contemplates
adjudication
indicate
usual
rule
providing
class
actions
controlling
rule
certification
class
action
otherwise
permissible
indeed
wide
variety
federal
jurisdictional
provisions
speak
terms
individual
plaintiffs
class
relief
never
thought
unavailable
see
civil
rights
provides
jurisdiction
civil
actions
authorized
law
commenced
person
mandamus
empowers
federal
courts
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certain
government
officials
agencies
perform
duty
owed
plaintiff
employee
retirement
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security
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provides
jurisdiction
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action
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act
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speaks
terms
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device
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allow
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litigation
conducted
behalf
individual
named
parties
moreover
class
relief
consistent
need
adjudication
emphasized
secretary
least
long
membership
class
limited
meet
requirements
see
norton
mathews
nn
stevens
dissenting
district
jurisdiction
claim
individual
member
class
rule
provides
procedure
may
exercise
jurisdiction
various
individual
claims
single
proceeding
finally
note
class
relief
claims
presented
respondents
case
peculiarly
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class
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turn
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affect
outcome
legal
issue
device
saves
resources
courts
parties
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affecting
every
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security
beneficiary
litigated
economical
fashion
rule
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agree
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