Legal Aspects – Table of Contents

0130.015.05 Legal Basis

The United States Supreme Court decision on March 23, 1970 in the case of Goldberg vs. John Kelley et al ruled that claimants have a right to an adequate hearing before termination or reduction of benefits. The Supreme Court concluded the U.S. Constitution guarantees beneficiaries “due process” whenever benefits are denied, reduced or terminated. Due Process includes prior written notice of the adverse action mailed to the eligibility unit (EU) at least 10 days before the action is taken.