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CALIFANO v. YAMASAKI

No. 77-1511.

442 U.S. 682 (1979)

99 S.Ct. 2545

61 L.Ed.2d 176

CALIFANO, SECRETARY OF HEALTH, EDUCATION, AND WELFARE v. YAMASAKI ET AL.

Supreme Court of United States.

Decided June 20, 1979.

Attorney(s) appearing for the Case

Peter Buscemi argued the cause for petitioner pro hac vice. With him on the briefs were Solicitor General McCree, Assistant Attorney General Babcock, and William Kanter.

Stanley E. Levin argued the cause for respondents. With him on the brief was Jeff Spence.*

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

Petitioner, the Secretary of the Department of Health, Education, and Welfare (HEW), has determined that respondents, beneficiaries under the Social Security Act, have been overpaid. He seeks to recoup those overpayments by withholding future benefits to which respondents would otherwise be entitled. Respondents in turn have requested reconsideration or waiver of recoupment under § 204 of the Act, 42 U...

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