ERIC Number: ED173519
Record Type: Non-Journal
Publication Date: 1978
Reference Count: N/A
Procedural Due Process and the Welfare Recipient: A Statistical Study of AFDC Fair Hearings in Wisconsin.
Hammer, Ronald P.; Hartley, Joseph M.
In 1970 the United States Supreme Court held in "Goldberg v. Kelly" that recipients of Aid to Families with Dependent Children (AFDC) had a constitutional right to an evidentiary hearing before a local welfare agency could terminate benefits. In order to determine the effects that the "Goldberg" requirements have had on the outcomes of AFDC appeals, a sample of 2000 hearing requests filed with the Wisconsin Department of Health and Social Services between 1965 and 1976 was examined. The data gathered showed a decrease in client success and an increase in hearing non-shows following the change in procedures. It also indicated that the present haphazard manner of attorney representation has not been helpful. However, the data also indicate that AFDC clients can become more effective adversaries if they are provided with adequate support and information about their claims. It can be concluded that if the goals desired by the courts and commentators are ever to be realized fully, further additions and supplements to the current system must be implemented. These might include pre-hearing contacts, the provision of non-lawyer advocates and some form of selective screening. (Author/EB)
Publication Type: Opinion Papers
Education Level: N/A
Authoring Institution: Wisconsin Univ., Madison. Inst. for Research on Poverty.
Identifiers - Location: Wisconsin