Mathews v. Eldridge 424 U.S. 319 (1976)

• Author: Kenneth L. Karst
• Pages: 1697-1698

Page 1697

GOLDBERG V. KELLY (1970) established a PROCEDURAL DUE PROCESS right to an evidentiary hearing prior to the termination of state WELFARE BENEFITS. Eldridge, whose Social Security disability benefits had been terminated without a prior hearing, could be pardoned for thinking that Goldberg controlled his case. In the event, a 6?2 Supreme Court explained how that view was mistaken, and established its basic test for determining whether a particular procedure satisfied the demands of DUE PROCESS.

The government conceded that the disability benefit was the sort of statutory " ENTITLEMENT " that constituted a " PROPERTY " interest protected by the due process guarantee. The government nonetheless argued that a prior hearing was not required; rather, due process was satisfied by a posttermination hearing at which the beneficiary might review the evidence, submit evidence of his own, and make arguments for reconsideration. Under the existing procedures, a beneficiary who prevailed in such a posttermination hearing was entitled to full retroactive relief. A majority of the Court agreed with the government's argument.

In a passage often quoted in later opinions, the Court set out the factors relevant to determining "the specific dictates of due process," once a "liberty" or "property" interest is impaired: "First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional

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or substitute procedural requirement would entail." Here, eligibility for disability benefits was not based on need, the standard for welfare eligibility in Goldberg....