· 3/18/1981
Gray Panthers v. Richard S. Schweiker, Secretary of the Department of Health and Human Services
Citations
- 652 F.2d 146
- 209 U.S. App. D.C. 153
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that adequacy of process is determined \with reference to the characteristics of the group who have to use it\
- “an oral hearing provides a way to ensure accuracy when facts are in dispute, especially if credibility is an issue”
- when “factual issues involving the credibility or veracity of the claimant are at stake, particular consideration of a policy granting on request an oral interview before the final denial on reconsideration should be given”
- “The size of the interest at stake does not determine whether due process attaches to adjudications concerning the interest, the question is rather the type of interest involved and whether it can properly be classified as a liberty or property interest.”
- plaintiffs must “be informed of or have access to the evidence on which the [decision maker] 37 relied” and “an opportunity to present evidence (in oral or written form) in support of” their position before they can be deprived of Medicare benefits of $100 or less
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkey, Wald, Edwards
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.