Almenares v. Wyman

453 F.2d 1075, 15 Fed. R. Serv. 2d 771
Court of Appeals for the Second Circuit·Decided December 10, 1971·No. No. 383, Docket 71-2038·Published·Cited by 139 cases

Opinion

FRIENDLY, Chief Judge:

I.

This case begins where Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970), ends. The Court there held that local social service agencies must provide welfare recipients an opportunity for a hearing affording basic due process rights before terminating benefits. Plaintiffs here allege that the hearing procedures actually employed by defendants with respect to review of local agency action terminating, suspending or reducing their Aid to Families with Dependent Children (AFDC) benefits failed to meet the due process requirements enunciated in Goldberg, and further' that the procedures are in conflict with those prescribed by the United States Department of Health, Education and Welfare (HEW) subsequent to Goldberg, 45 C.F. R. § 205.10, 36 Fed.Reg. 3034 (1971), implementing the “fair hearing” requirement of the Social Security Act, 42 U.S. C. §§ 602(a) (4), and 1202(a) (4), through its rule making power, 42 U.S.C. § 1302.

After the decision in Goldberg and for the purpose of complying with it, the New York State Department of Social Services modified its regulation governing hearing procedures by providing for a local agency hearing affording basic due process rights. 18 N.Y.C.R.R. § 351.26.1 Plaintiffs do not challenge the constitutionality of this regulation. The New York City Department of Social Services (City) also modified its announced procedures. At the time of the events here in question, the City’s hearing procedures were set forth in Procedure No. (P.No.) 71-21, replaced by P. No. 71-35 (effective September 30, 1971)

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Almenares v. Wyman, 453 F.2d 1075, 15 Fed. R. Serv. 2d 771 (2d Cir. 1971).

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