Mattern v. Mathews
Decision Date | 07 March 1977 |
Docket Number | Civ. A. No. 72-2522. |
Citation | 427 F. Supp. 1318 |
Parties | Arlene MATTERN, on behalf of herself and all others similarly situated, v. F. David MATHEWS, Secretary of Health, Education and Welfare. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Alan Linder, Central Pa. Legal Services, Lancaster, Pa., for plaintiff.
David W. Marston, U. S. Atty., Philadelphia, Pa., for defendant.
HISTORY AND CONTENTIONS
This action, as originally filed in this Court, challenged the procedure utilized by the Secretary of Health, Education and Welfare the Secretary pursuant to Section 204 of the Social Security Act the Act, to adjust or reduce social security benefits in order to recoup an alleged overpayment. Specifically, plaintiff, on behalf of herself and others similarly situated, sought injunctive and declaratory relief, requiring the Secretary to conduct an evidentiary hearing prior to adjusting or reducing social security benefits to which plaintiff is entitled under Title II of the Act. 42 U.S.C. § 401 et seq. Plaintiff challenged the failure to provide an oral hearing prior to the recoupment of an alleged overpayment on the grounds that it is contrary to the purpose of the Act and violative of the Fourteenth Amendment to the Constitution. Before the Court were (1) defendant's motion to dismiss the complaint for lack of jurisdiction, (2) plaintiff's motion for a class action determination, (3) plaintiff's motion to convene a three-judge court, and (4) cross-motions for summary judgment.
This Court, in its opinion filed April 30, 1974, held that the Secretary of Health, Education and Welfare was constitutionally required to provide notice and opportunity for an oral evidentiary hearing, prior to the suspension of social security benefits to recover an overpayment. Mattern v. Weinberger, 377 F.Supp. 906 (E.D.Pa.1974). The Third Circuit Court of Appeals essentially affirmed this holding, subject to certain exceptions.1 Mattern v. Weinberger, 519 F.2d 150 (3rd Cir. 1975). The Secretary filed a petition for a writ of certiorari with the Supreme Court (U.S. S.Ct., No. 75-649), which petition was acted upon on May 24, 1976. 425 U.S. 987, 96 S.Ct. 2196, 48 L.Ed.2d 812 (1976). The Supreme Court vacated the appellate decision and remanded for reconsideration in light of the decision in Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976). The Third Circuit Court of Appeals, by order of July 23, 1976, remanded the action to this Court for reconsideration in accordance with the Supreme Court's directive.
It is defendant's contention that the Eldridge decision is dispositive of the procedural due process issues in this litigation and requires reversal of this Court's prior opinion. Defendant further contends that Eldridge, in conjunction with the opinion in Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), "impacts" on the jurisdiction of this Court.
The plaintiff contends otherwise. Preliminarily, plaintiff concedes that this Court has no federal question jurisdiction under 28 U.S.C. § 1331. She properly interprets Salfi as holding (prior to Eldridge) that the only avenue open for judicial review is under 42 U.S.C. § 405(g).2 The defendant has contended throughout that our jurisdiction is so limited. Plaintiff further contends, however, that in Eldridge the Court modified the jurisdictional holding of Salfi. We quote as follows from plaintiff's brief:
Thus, plaintiff contends that this Court should now assume jurisdiction under § 405(g), continue jurisdiction under 28 U.S.C. § 1361 and by either avenue afford the plaintiff the relief previously afforded which she continues to seek.
In our prior decision (377 F.Supp. 906) we denied jurisdiction under 28 U.S.C. § 1331, § 1343(4) and § 1346. We assumed jurisdiction under 28 U.S.C. § 1361. The defendant vigorously argued, at that time, that our jurisdiction was limited to 42 U.S.C. § 405(g) and that the specific language of § 405(h) barred our affording, in this action, the relief sought, for...
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Mattern v. Mathews
...court, which reversed its earlier ruling and held the existing procedures satisfied the requirements of due process. Mattern v. Mathews, 427 F.Supp. 1318 (E.D.Pa.1977). We reverse, since we do not believe that Eldridge and subsequent cases substantially alter the result in our original I. T......
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Shannon v. UNITED STATES CIVIL SERVICE COM'N, C-76-1364 SW.
...of Pennsylvania has recently held that the Social Security recipient is not entitled to a pre-recoupment hearing. Mattern v. Mathews, 427 F.Supp. 1318 (E.D.Pa.1977). This is in direct conflict with the Ninth Circuit opinion in In Mattern, the court suggests that the waiver determination doe......
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GRAMERCY SPIRE TENANTS'ASS'N v. Harris
...519 F.2d 150, 155-57 (3d Cir. 1975), vacated on other grounds, 425 U.S. 987, 96 S.Ct. 2196, 48 L.Ed.2d 812 (1976), on remand, 427 F.Supp. 1318 (E.D.Penn.1977); Frost v. Weinberger, 515 F.2d 57, 62 (2d Cir. 1975), cert. denied, 424 U.S. 958, 96 S.Ct. 1435, 47 L.Ed.2d 364 (1976); Langevin v. ......
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Behring Intern., Inc. v. Miller
...F.2d 150, 156 (3d Cir. 1975), vacated sub nom. Mattern v. Mathews, 425 U.S. 987, 96 S.Ct. 2196, 48 L.Ed.2d 812 (1976), remanded, 427 F.Supp. 1318 (E.D.Pa.1977), rev'd, 582 F.2d 248, cert. denied, 443 U.S. 912, 99 S.Ct. 3101, 61 L.Ed.2d 876 (1979). This court has jurisdiction under the Act s......