Court Case Paper

“GOLDBERG, Commissioner of Social Services of the City of New York v. KELLY ET AL. and MATHEWS, Secretary of Health, Education and Welfare v. ELDRIDGE”

Submitted in Partial Fulfillment of Requirements for the Degree of Master of Science in Administration

(Concentration in Public Administration)

PSC 522

September 2005

GOLDBERG, Commissioner of Social Services of the City of New York v. KELLY ET AL.

Residents of New York City that were receiving financial aid from the state or federally assisted welfare programs instituted actins in the United States District Court for the Southern District of New York. Allegedly the city and state officials had terminated, or were about to terminate aid without prior notification to recipient. Nor did they provide a hearing to the recipient which violates due process. A state that terminates public assistance payments to a particular recipient without affording him the opportunity for a hearing prior to termination denies the recipient due process which violates due process clause of the Fourteenth Amendment.

The due process clause of the Fourteenth Amendment requires that a recipient of public assistance payments be afforded an evidentiary hearing prior to termination of benefits. This requirement was not met by the state and the city procedures. This requirement was applicable to the recipients of benefits under state and federally assisted welfare programs. After informal discussion with a caseworker and notification of proposed termination of payments were reviewed by a higher official. Upon an adverse decision by the reviewing officer, oral evidence and cross-examining witness against him, made a record of the hearing.

John Kelly and others sued when the state and local officials terminated their welfare benefits without giving them prior notice and an opportunity to be heard. The plaintiffs won at trail and the Commissioner of Social Services of the City of New York...