Philpott v. Essex County Welfare Bd., 409 U.S. 413 (1973)

Philpott v. Essex County Welfare Board


No. 71-5656


Argued December 4, 1972
Decided January 10, 1973
409 U.S. 413

CERTIORARI TO THE SUPREME COURT OF NEW JERSEY

Syllabus

Social Security Act provision, 42 U.S.C. § 407, which prohibits subjecting federal disability insurance benefits and other benefits to any legal process, bars a State from recovering such benefits retroactively paid to a beneficiary, and in this case no exception can be implied on the ground that, if the federal payments had been made monthly, there would have been a corresponding reduction in the state payments. Pp. 415-417.

59 N.J. 75, 279 A.2d 806, reversed.

DOUGLAS, J., delivered the opinion for a unanimous Court.