How have courts interpreted "due process" in the context of social security entitlement claims?

California, United States of America


The following excerpt is from MacKler v. Alexis, 130 Cal.App.3d 44, 181 Cal.Rptr. 613 (Cal. App. 1982):

The Burkhart court, citing Mathews v. Eldridge (1976) 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18, a case involving social security entitlement, pointed out that "due process" is not a technical conception with a fixed content unrelated to time, place and circumstances but is flexible calling for such procedural protections as the particular situation[130 Cal.App.3d 60] demands and that the resolution of whether or not any particular administrative procedure is constitutionally sufficient requires an analysis of the governmental and private interests that are affected. 5

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