The following excerpt is from Powderly v. Schweiker, 704 F.2d 1092 (9th Cir. 1983):
We recognize that the interest of an individual in continued receipt of social security benefits is a statutorily created "property" interest protected by the Fifth Amendment. Mathews v. Eldridge, supra, 424 U.S. at 332, 96 S.Ct. at 901. However, we are not here confronted with that issue. In the instant case, appellant has not been threatened with any adverse actions against her own social security benefits. Appellant's attempt to claim a property interest by reason of her own bank account is groundless. In reality, she is attempting to claim a property interest in the funds erroneously sent to her deceased husband, but cannot escape the fact that she has no entitlement to these funds. Appellant has failed to demonstrate that she was deprived of an interest that could invoke procedural due process protection.
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