Philpott v. Essex County Welfare Board

Supreme Court of the United States

409 U.S. 413

Philpott et al.  v.  Essex County Welfare Board

Certiorari to the Supreme Court of New Jersey

No. 71-5656.  Argued: December 4, 1972 --- Decided: January 10, 1973

A Social Security Act provision, 42 U.S.C. ยง 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.


George Charles Bruno argued the cause and filed a brief for petitioners.

Ronald Reichstein argued the cause for respondent. With him on the brief was Joseph E. Cohen.

Solicitor General Griswold, Deputy Solicitor General Friedman, Keith A. Jones, Wilmot R. Hastings, Edwin Yourman, and Arthur Abraham filed a brief for the United States as amicus curiae urging reversal.

George F. Kugler, Jr., Attorney General, Stephen Skillman, Assistant Attorney General, and Joan W. Murphy, Deputy Attorney General, filed a brief for the State of New Jersey as amicus curiae urging affirmance.


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