MR. JUSTICE POWELL delivered the opinion of the Court.The issue in this case is whether the Due Process Clause of the Fifth Amendment requires that, prior to the termination of Social Security disability benefit payments, the recipient be afforded an opportunity for an evidentiary hearing.ICash benefits are provided to workers during periods in which they are completely disabled under the disability insurance benefits program created by the 1956 amendments to Title II of the Social Security Act. 70 Stat. 815, 42 U.S.C. § 423. [Footnote 1]  Respondent Eldridge was first awarded benefits in June, 1968.  In March, 1972, he received a questionnaire from the state agency charged with monitoring his medical condition.  Eldridge completed Page 424 U. S. 324 the questionnaire, indicating that his condition had not improved and identifying the medical sources, including physicians, from whom he had received treatment recently.  The state agency then obtained reports from his physician and a psychiatric consultant.  After considering these reports and other information in his file, the agency informed Eldridge by letter that it had made a tentative determination that his disability had ceased in May, 1972.  The letter included a statement of reasons for the proposed termination of benefits, and advised Eldridge that he might request reasonable time in which to obtain and submit additional information pertaining to his condition.In his written response, Eldridge disputed one characterization of his medical condition and indicated that the agency already had enough evidence to establish his disability. [Footnote 2]  The state agency then made its final determination that he had ceased to be disabled in May, 1972.  This determination was accepted by the Social Security Administration (SSA), which notified Eldridge in July that his benefits would terminate after that month.  The notification also advised him of his right to seek reconsideration by the state agency of this initial determination within six months.Instead of requesting reconsideration, Eldridge commenced this action challenging the constitutional validity Page 424 U. S. 325 of the administrative procedures established by the Secretary of Health, Education, and Welfare for assessing whether there exists a continuing disability.  He sought an immediate reinstatement of benefits pending a hearing on the issue of his disability. [Footnote 3]  361 F. Supp. 520 (WD Va.1973).  The Secretary moved to dismiss on the grounds that Eldridge's benefits had been terminated in accordance with valid administrative regulations and procedures and that he had failed to exhaust available remedies.  In support of his contention that due process requires a pre-termination hearing, Eldridge relied exclusively upon this Court's decision in Goldberg v. Kelly, 397 U. S. 254 (1970), which established a right to an "evidentiary hearing" prior to termination of welfare benefits. [Footnote 4]  The Secretary contended that Goldberg was not controlling, since eligibility for disability benefits, unlike eligibility for welfare benefits, is not based on financial need, and since issues of credibility and veracity do not play a significant role in the disability entitlement decision, which turns primarily on medical evidence.The District Court concluded that the administrative procedures pursuant to which the Secretary had terminated Eldridge's benefits abridged his right to procedural Page 424 U. S. 326 due process.  The court viewed the interest of the disability recipient in uninterrupted benefits as indistinguishable from that of the welfare recipient in Goldberg.  It further noted that decisions subsequent to Goldberg demonstrated that the due process requirement of pre-termination hearings is not limited to situations involving the deprivation of vital necessities.  See Fuentes v. Shevin, 407 U. S. 67,  407 U. S. 88-89 (1972); Bell v. Burson, 402 U. S. 535,  402 U. S. 539 (1971).  Reasoning that disability determinations may involve subjective judgments based on conflicting medical and nonmedical evidence, the District Court held that, prior to termination of benefits, Eldridge had to be afforded an evidentiary hearing of the type required for welfare beneficiaries under Title IV of the Social Security Act.  361 F. Supp.  at 528. [Footnote 5]  Relying entirely upon the District Court's opinion, the Court of Appeals for the Fourth Circuit affirmed the injunction barring termination of Eldridge's benefits prior to an evidentiary hearing. 493 F.2d 1230 (1974). [Footnote 6]  We reverse.IIAt the outset, we are confronted by a question as to whether the District Court had jurisdiction over this suit.  The Secretary contends that our decision last Term in Weinberger v. Salfi, 422 U. S. 749 (1975), bars the District Court from considering Eldridge's action.  Salfi was an action challenging the Social Security Act's Page 424 U. S. 327 "duration of relationship" eligibility requirements for surviving wives and stepchildren of deceased wage earners.  We there held that 42 U.S.C. § 405(h) [Footnote 7] precludes federal question jurisdiction in an action challenging denial of claimed benefits.  The only avenue for judicial review is 42 U.S.C. § 405(g), which requires exhaustion of the administrative remedies provided under the Act as a jurisdictional prerequisite.Section 405(g) in part provides:"Any individual, after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision or within such further time as the Secretary may allow. [Footnote 8] "Page 424 U. S. 328On its face, § 405(g) thus bars judicial review of any denial of a claim of disability benefits until after a "final decision" by the Secretary after a "hearing."  It is uncontested that Eldridge could have obtained full administrative review of the termination of his benefits, yet failed even to seek reconsideration of the initial determination.  Since the Secretary has not "waived" the finality requirement as he had in Salfi, supra at  422 U. S. 767, he concludes that Eldridge cannot properly invoke § 405(g) as a basis for jurisdiction.  We disagree.Salfi identified several conditions which must be satisfied in order to obtain judicial review under § 405(g).  Of these, the requirement that there be a final decision by the Secretary after a hearing was regarded as "central to the requisite grant of subject matter jurisdiction . . ."  422 U.S. at  422 U. S. 764. [Footnote 9]  Implicit in Salfi, however, is the principle that this condition consists of two elements, only one of which is purely "jurisdictional" in the sense that it cannot be "waived" by the Secretary in a particular case.  The waivable element is the requirement that the administrative remedies prescribed by the Secretary be exhausted.  The nonwaivable element is the requirement that a claim for benefits shall have been presented to the Secretary.  Absent such a claim, there can be no "decision" of any type.  And some decision by the Secretary is clearly required by the statute. Page 424 U. S. 329That this second requirement is an essential and distinct precondition for § 405(g) jurisdiction is evident from the different conclusions that we reached in Salfi with respect to the named appellees and the unnamed members of the class.  As to the latter, the complaint was found to be jurisdictionally deficient, since it "contain[ed] no allegations that they have even filed an application with the Secretary. . . ."  422 U.S. at  422 U. S. 764.  With respect to the named appellees, however, we concluded that the complaint was sufficient, since it alleged that they had "fully presented their claims for benefits to their district Social Security Office and, upon denial, to the Regional Office for reconsideration.'"  Id. at  422 U. S. 764-765.  Eldridge has fulfilled this crucial prerequisite.  Through his answers to the state agency questionnaire, and his letter in response to the tentative determination that his disability had ceased, he specifically presented the claim that his benefits should not be terminated because he was still disabled.  This claim was denied by the state agency, and its decision was accepted by the SSA.The fact that Eldridge failed to raise with the Secretary his constitutional claim to a pre-termination hearing is not controlling. [Footnote 10]  As construed in Salfi, § 405(g) requires only that there be a "final decision" by the Secretary with respect to the claim of entitlement to benefits.  Indeed, the named appellees in Salfi did not present their constitutional claim to the Secretary.  Weinberger v. Salfi, O.T. 1974, No. 74-214, App. 11, 17-21.  The situation here is not identical to Salfi, for, while the Page 424 U. S. 330 Secretary had no power to amend the statute alleged to be unconstitutional in that case, he does have authority to determine the timing and content of the procedures challenged here. 4 2 U.S.C. § 405(a).  We do not, however, regard this difference as significant.  It is unrealistic to expect that the Secretary would consider substantial changes in the current administrative review system at the behest of a single aid recipient raising a constitutional challenge in an adjudicatory context.  The Secretary would not be required even to consider such a challenge.As the nonwaivable jurisdictional element was satisfied, we next consider the waivable element.  The question is whether the denial of Eldridge's claim to continued benefits was a sufficiently "final" decision with respect to his constitutional claim to satisfy the statutory exhaustion requirement.  Eldridge concedes that he did not exhaust the full set of internal review procedures provided by the Secretary.  See 20 CFR §§ 404.910, 404.916, 404.940 (1975).  As Salfi recognized, the Secretary may waive the exhaustion requirement if he satisfies himself, at any stage of the administrative process, that no further review is warranted either because the internal needs of the agency are fulfilled or because the relief that is sought is beyond his power to confer.  Salfi suggested that, under § 405(g), the power to determine when finality has occurred ordinarily rests with the Secretary, since ultimate responsibility for the integrity of the administrative program is his.  But cases may arise where a claimant's interest in having a particular issue resolved promptly is so great that deference to the agency's judgment is inappropriate.  This is such a case.Eldridge's constitutional challenge is entirely collateral to his substantive claim of entitlement.  Moreover, there Page 424 U. S. 331 is a crucial distinction between the nature of the Constitutional claim asserted here and that raised in Salfi.  A claim to a pre-deprivation hearing as a matter of constitutional right rests on the proposition that full relief cannot be obtained at a post-deprivation hearing.  See Regional Rail Reorganization Act Cases, 419 U. S. 102,  419 U. S. 156 (1974).  In light of the Court's prior decisions, see, e.g., Goldberg v. Kelly, 397 U. S. 254 (1970); Fuentes v. Shevin, 407 U. S. 67 (1972), Eldridge has raised at least a colorable claim that, because of his physical condition and dependency upon the disability benefits, an erroneous termination would damage him in a way not recompensable through retroactive payments. [Footnote 11]  Thus, unlike the situation in Salfi, denying Eldridge's substantive Page 424 U. S. 332 claim "for other reasons" or upholding it "under other provisions" at the post-termination stage, 422 U.S. at  422 U. S. 762, would not answer his constitutional challenge.We conclude that the denial of Eldridge's request for benefits constitutes a final decision for purposes of § 405(g) jurisdiction over his constitutional claim.  We now proceed to the merits of that claim. [Footnote 12]IIIAProcedural due process imposes constraints on governmental decisions which deprive individuals of "liberty" or "property" interests within the meaning of the Due Process Clause of the Fifth or Fourteenth Amendment.  The Secretary does not contend that procedural due process is inapplicable to terminations of Social Security disability benefits.  He recognizes, as has been implicit in our prior decisions, e.g., Richardson v. Belcher, 404 U. S. 78,  404 U. S. 80-81 (1971); Richardson v. Perales, 402 U. S. 389,  402 U. S. 401-402 (1971); Flemming v. Nestor, 363 U. S. 603,  363 U. S. 611 (1960), that the interest of an individual in continued receipt of these benefits is a statutorily created "property" interest protected by the Fifth Amendment.  Cf. Arnett v. Kennedy, 416 U. S. 134,  416 U. S. 166 (POWELL, J., concurring in part) (1974); Board of Regents v. Roth, 408 U. S. 564,  408 U. S. 576-578 (1972); Bell v Burson, 402 U.S. at  402 U. S. 539; Goldberg v. Kelly, 397 U.S. at  397 U. S. 261-262.  Rather, the Secretary contends that the existing administrative procedures, detailed below, provide all the process Page 424 U. S. 333 that is constitutionally due before a recipient can be deprived of that interest.This Court consistently has held that some form of hearing is required before an individual is finally deprived of a property interest.  Wolff v. McDonnell, 418 U. S. 539,  418 U. S. 557-558 (1974).  See, e.g., Phillips v. Commissioner, 283 U. S. 589,  283 U. S. 596-597 (1931).  See also Dent v. West Virginia, 129 U. S. 114,  129 U. S. 124-125 (1889).  The"right to be heard before being condemned to suffer grievous loss of any kind, even though it may not involve the stigma and hardships of a criminal conviction, is a principle basic to our society."Joint Anti-Fascist Comm. v. McGrath, 341 U. S. 123,  341 U. S. 168 (1951) (Frankfurter, J., concurring).  The fundamental requirement of due process is the opportunity to be heard "at a meaningful time and in a meaningful manner."  Armstrong v. Manzo, 380 U. S. 545,  380 U. S. 552 (1965).  See Grannis v. Ordean, 234 U. S. 385,  234 U. S. 394 (1914).  Eldridge agrees that the review procedures available to a claimant before the initial determination of ineligibility becomes final would be adequate if disability benefits were not terminated until after the evidentiary hearing stage of the administrative process.  The dispute centers upon what process is due prior to the initial termination of benefits, pending review.In recent years, this Court increasingly has had occasion to consider the extent to which due process requires an evidentiary hearing prior to the deprivation of some type of property interest even if such a hearing is provided thereafter.  In only one case, Goldberg v. Kelly, 397 U.S. at  397 U. S. 26-271, has the Court held that a hearing closely approximating a judicial trial is necessary.  In other cases requiring some type of pre-termination hearing as a matter of constitutional right, the Court has spoken sparingly about the requisite procedures.  Sniadach Page 424 U. S. 334 v. Family Finance Corp., 395 U. S. 337 (1969), involving garnishment of wages, was entirely silent on the matter.  In Fuentes v. Shevin, 407 U.S. at  407 U. S. 96-97, the Court said only that, in a replevin suit between two private parties, the initial determination required something more than an ex parte proceeding before a court clerk.  Similarly, Bell v. Burson, supra at  402 U. S. 540, held, in the context of the revocation of a state-granted driver's license, that due process required only that the pre-revocation hearing involve a probable cause determination as to the fault of the licensee, noting that the hearing "need not take the form of a full adjudication of the question of liability."  See also North Georgia Finishing, Inc. v. Di-Chem, Inc., 419 U. S. 601,  419 U. S. 607 (1975).  More recently, in Arnett v. Kennedy, supra, we sustained the validity of procedures by which a federal employee could be dismissed for cause.  They included notice of the action sought, a copy of the charge, reasonable time for filing a written response, and an opportunity for an oral appearance.  Following dismissal, an evidentiary hearing was provided.  416 U.S. at  416 U. S. 142-146.These decisions underscore the truism that "[d]ue process,' unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place and circumstances."  Cafeteria Workers v. McElroy, 367 U. S. 886,  367 U. S. 895 (1961).  "[D]ue process is flexible, and calls for such procedural protections as the particular situation demands."  Morrissey v. Brewer, 408 U. S. 471,  408 U. S. 481 (1972).  Accordingly, resolution of the issue whether the administrative procedures provided here are constitutionally sufficient requires analysis of the governmental and private interests that are affected.  Arnett v. Kennedy, supra at  416 U. S. 167-168 (POWELL, J., concurring in part); Goldberg v. Kelly, supra at  397 U. S. 263-266; Cafeteria Workers v. McElroy, supra at  367 U. S. 895.  More precisely, our prior decisions Page 424 U. S. 335 indicate that identification of the specific dictates of due process generally requires consideration of three distinct factors:  first, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and, finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.  See, e.g., Goldberg v. Kelly, supra at  397 U. S. 263-271.We turn first to a description of the procedures for the termination of Social Security disability benefits, and thereafter consider the factors bearing upon the constitutional adequacy of these procedures.BThe disability insurance program is administered jointly by state and federal agencies.  State agencies make the initial determination whether a disability exists, when it began, and when it ceased.  42 U.S.C. § 421(a). [Footnote 13]  The standards applied and the procedures followed are prescribed by the Secretary, see § 421(b), who has delegated his responsibilities and powers under the Act to the SSA.  See 40 Fed.Reg. 4473 (1975). Page 424 U. S. 336In order to establish initial and continued entitlement to disability benefits, a worker must demonstrate that he is unable"to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. . . ."42 U.S.C. § 423(d)(1)(A).  To satisfy this test, the worker bears a continuing burden of showing, by means of "medically acceptable clinical and laboratory diagnostic techniques," § 423(d)(3), that he has a physical or mental impairment of such severity that"he is not only unable to do his previous work, but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work."§ 423(d)(2)(A). [Footnote 14]  The principal reasons for benefits terminations are that the worker is no longer disabled or has returned to work.  As Eldridge's benefits were terminated because he was determined to be no longer disabled, we consider only the sufficiency of the procedures involved in such cases. [Footnote 15] Page 424 U. S. 337The continuing eligibility investigation is made by a state agency acting through a "team" consisting of a physician and a nonmedical person trained in disability evaluation.  The agency periodically communicates with the disabled worker, usually by mail -- in which case he is sent a detailed questionnaire -- or by telephone, and requests information concerning his present condition, including current medical restrictions and sources of treatment, and any additional information that he considers relevant to his continued entitlement to benefits.  CM § 6705.1; Disability Insurance State Manual (DISM) § 353.3 (TL No. 137, Mar. 5, 1975). [Footnote 16]Information regarding the recipient's current condition is also obtained from his sources of medical treatment.  DISM § 353.4.  If there is a conflict between the information provided by the beneficiary and that obtained from medical sources such as his physician, or between two sources of treatment, the agency may arrange for an examination by an independent consulting physician. [Footnote 17]  Ibid.  Whenever the agency's tentative assessment of the beneficiary's condition differs from his Page 424 U. S. 338 own assessment, the beneficiary is informed that benefits may be terminated, provided a summary of the evidence upon which the proposed determination to terminate is based, and afforded an opportunity to review the medical reports and other evidence in his case file. [Footnote 18]  He also may respond in writing and submit additional evidence.  Id., § 353.6.The state agency then makes its final determination, which is reviewed by an examiner in the SSA Bureau of Disability Insurance.  42 U.S.C. § 421(c); CM §§ 6701(b), (c). [Footnote 19]  If, as is usually the case, the SSA accepts the agency determination, it notifies the recipient in writing, informing him of the reasons for the decision, and of his right to seek de novo reconsideration by the state agency.  20 CFR §§ 404.907, 404.909 (1975). [Footnote 20]  Upon acceptance by the SSA, benefits are terminated effective two months after the month in which medical recovery is found to have occurred.  42 U.S.C. § 423(a) (1970 ed., Supp. III). Page 424 U. S. 339If the recipient seeks reconsideration by the state agency and the determination is adverse, the SSA reviews the reconsideration determination and notices the recipient of the decision.  He then has a right to an evidentiary hearing before an SSA administrative law judge.  20 CFR §§ 404.917, 404.927 (1975).  The hearing is nonadversary, and the SSA is not represented by counsel.  As at all prior and subsequent stages of the administrative process, however, the claimant may be represented by counsel or other spokesmen.  § 404.934.  If this hearing results in an adverse decision, the claimant is entitled to request discretionary review by the SSA Appeals Council, § 404.945, and finally may obtain judicial review.  42 U.S.C. § 405(g); 20 CFR § 404.951 (1975). [Footnote 21]Should it be determined at any point after termination of benefits, that the claimant's disability extended beyond the date of cessation initially established, the worker is entitled to retroactive payments.  42 U.S.C. § 404.  Cf. § 423(b); 20 CFR §§ 404.501, 404.503, 404.504 (1975).  If, on the other hand, a beneficiary receives any payments to which he is later determined not to be entitled, the statute authorizes the Secretary to attempt to recoup these funds in specified circumstances.  42 U.S.C. § 404. [Footnote 22]CDespite the elaborate character of the administrative procedures provided by the Secretary, the courts Page 424 U. S. 340 below held them to be constitutionally inadequate, concluding that due process requires an evidentiary hearing prior to termination.  In light of the private and governmental interests at stake here and the nature of the existing procedures, we think this was error.Since a recipient whose benefits are terminated is awarded full retroactive relief if he ultimately prevails, his sole interest is in the uninterrupted receipt of this source of income pending final administrative decision on his claim.  His potential injury is thus similar in nature to that of the welfare recipient in Goldberg, see 397 U.S. at  397 U. S. 263-264, the nonprobationary federal employee in Arnett, see 416 U.S. at  416 U. S. 146, and the wage earner in Sniadach. See 395 U.S. at  395 U. S. 341-342. [Footnote 23]Only in Goldberg has the Court held that due process requires an evidentiary hearing prior to a temporary deprivation.  It was emphasized there that welfare assistance is given to persons on the very margin of subsistence:"The crucial factor in this context -- a factor not present in the case of . . . virtually anyone else whose governmental entitlements are ended -- is that termination of aid pending resolution of a controversy over eligibility may deprive an eligible recipient of the very means by which to live while he waits."397 U.S. at  397 U. S. 264 (emphasis in original).  Eligibility for disability benefits, in contrast, is not based upon financial need. [Footnote 24]  Indeed, it is wholly unrelated to Page 424 U. S. 341 the worker's income or support from many other sources, such as earnings of other family members, workmen's compensation awards, [Footnote 25] tort claims awards, sayings, private insurance, public or private pensions, veterans' benefits, food stamps, public assistance, or the"many other important programs, both public and private, which contain provisions for disability payments affecting a substantial portion of the workforce. . . ."Richardson v. Belcher, 404 U.S. at  404 U. S. 85-87 (Douglas, J., dissenting).  See Staff of the House Committee on Ways and Means, Report on the Disability Insurance Program, 93d Cong., 2d Sess., 910, 419-429 (1974) (hereinafter Staff Report).As Goldberg illustrates, the degree of potential deprivation that may be created by a particular decision is a factor to be considered in assessing the validity of any administrative decisionmaking process.  Cf. Morrissey v. Brewer, 408 U. S. 471 (1972).  The potential deprivation here is generally likely to be less than in Goldberg, although the degree of difference can be overstated.  As the District Court emphasized, to remain eligible for benefits, a recipient must be "unable to engage in substantial gainful activity."  42 U.S.C. § 423; 361 F. Supp.  at 523.  Thus, in contrast to the discharged federal employee in Arnett, there is little possibility that the terminated recipient will be able to find even temporary employment to ameliorate the interim loss.As we recognized last Term in Fusari v. Steinberg, 419 U. S. 379,  419 U. S. 389 (1975),"the possible length of wrongful deprivation of . . . benefits [also] is an important factor in assessing the impact of official action on the private interests."The Secretary concedes that the delay between Page 424 U. S. 342 a request for a hearing before an administrative law judge and a decision on the claim is currently between 10 and 11 months.  Since a terminated recipient must first obtain a reconsideration decision as a prerequisite to invoking his right to an evidentiary hearing, the delay between the actual cutoff of benefits and final decision after a hearing exceeds one year.In view of the torpidity of this administrative review process, cf. id. at  419 U. S. 383-384,  419 U. S. 386, and the typically modest resources of the family unit of the physically disabled worker, [Footnote 26] the hardship imposed upon the erroneously terminated disability recipient may be significant.  Still, the disabled worker's need is likely to be less than that of a welfare recipient.  In addition to the possibility of access to private resources, other forms of government assistance will become available where the termination of disability benefits places a worker or his family below the subsistence level. [Footnote 27]  See Arnett v. Kennedy, 416 U.S. Page 424 U. S. 343 at  416 U. S. 169 (POWELL, J., concurring in part); id. at  416 U. S. 201-202 (WHITE, J., concurring in part and dissenting in part).  In view of these potential sources of temporary income, there is less reason here than in Goldberg to depart from the ordinary principle, established by our decisions, that something less than an evidentiary hearing is sufficient prior to adverse administrative action.DAn additional factor to be considered here is the fairness and reliability of the existing pre-termination procedures, and the probable value, if any, of additional procedural safeguards.  Central to the evaluation of any administrative process is the nature of the relevant inquiry.  See Mitchell v. W. T. Grant Co., 416 U. S. 600,  416 U. S. 617 (1974); Friendly, Some Kind of Hearing, 123 U.Pa.L.Rev. 1267, 1281 (1975).  In order to remain eligible for benefits, the disabled worker must demonstrate by means of "medically acceptable clinical and laboratory diagnostic techniques," 42 U.S.C. § 423(d)(3), that he is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment. . . ."  § 423(d)(1)(A) (emphasis supplied).  In short, a medical assessment of the worker's physical or mental condition is required.  This is a more sharply focused and easily documented decision than the typical determination of welfare entitlement.  In the latter case, a wide variety of information may be deemed relevant, and issues of witness credibility and Page 424 U. S. 344 veracity often are critical to the decisionmaking process.  Goldberg noted that, in such circumstances "written submissions are a wholly unsatisfactory basis for decision."  397 U.S. at  397 U. S. 269.By contrast, the decision whether to discontinue disability benefits will turn, in most cases, upon "routine, standard, and unbiased medical reports by physician specialists," Richardson v. Perales, 402 U.S. at  402 U. S. 404, concerning a subject whom they have personally examined. [Footnote 28]  In Richardson, the Court recognized the "reliability and probative worth of written medical reports," emphasizing that, while there may be "professional disagreement with the medical conclusions" the "specter of questionable credibility and veracity is not present."  Id. at  402 U. S. 405,  403 U. S. 407.  To be sure, credibility and veracity may be a factor in the ultimate disability assessment in some cases.  But procedural due process rules are shaped by the risk of error inherent in the truthfinding process as applied to the generality of cases, not the rare exceptions.  The potential value of an evidentiary hearing, or even oral presentation to the decisionmaker, Page 424 U. S. 345 is substantially less in this context than in Goldberg.The decision in Goldberg also was based on the Court's conclusion that written submissions were an inadequate substitute for oral presentation because they did not provide an effective means for the recipient to communicate his case to the decisionmaker.  Written submissions were viewed as an unrealistic option, for most recipients lacked the "educational attainment necessary to write effectively," and could not afford professional assistance.  In addition, such submissions would not provide the "flexibility of oral presentations" or "permit the recipient to mold his argument to the issues the decisionmaker appears to regard as important."  397 U.S. at  397 U. S. 269.  In the context of the disability benefits entitlement assessment, the administrative procedures under review here fully answer these objections.The detailed questionnaire which the state agency periodically sends the recipient identifies with particularity the information relevant to the entitlement decision, and the recipient is invited to obtain assistance from the local SSA office in completing the questionnaire.  More important, the information critical to the entitlement decision usually is derived from medical sources, such as the treating physician.  Such sources are likely to be able to communicate more effectively through written documents than are welfare recipients or the lay witnesses supporting their cause.  The conclusions of physicians often are supported by X-rays and the results of clinical or laboratory tests, information typically more amenable to written than to oral presentation.  Cf. W. Gellhorn & C. Byse, Administrative Law -- Cases and Comments 860-863 (6th ed.1974).A further safeguard against mistake is the policy of allowing the disability recipient's representative full access Page 424 U. S. 346 to all information relied upon by the state agency.  In addition, prior to the cutoff of benefits, the agency informs the recipient of its tentative assessment, the reasons therefor, and provides a summary of the evidence that it considers most relevant.  Opportunity is then afforded the recipient to submit additional evidence or arguments, enabling him to challenge directly the accuracy of information in his file, as well as the correctness of the agency's tentative conclusions.  These procedures, again as contrasted with those before the Court in Goldberg, enable the recipient to "mold" his argument to respond to the precise issues which the decisionmaker regards as crucial.Despite these carefully structured procedures, amici point to the significant reversal rate for appealed cases as clear evidence that the current process is inadequate.  Depending upon the base selected and the line of analysis followed, the relevant reversal rates urged by the contending parties vary from a high of 58.6% for appealed reconsideration decisions to an overall reversal rate of only 3.3%. [Footnote 29]  Bare statistics rarely provide a satisfactory measure of the fairness of a decisionmaking process.  Their adequacy is especially suspect here, since Page 424 U. S. 347 the administrative review system is operated on an open file basis.  A recipient may always submit new evidence, and such submissions may result in additional medical examinations.  Such fresh examinations were held in approximately 30% to 40% of the appealed cases in fiscal 1973, either at the reconsideration or evidentiary hearing stage of the administrative process.  Staff Report 238.  In this context, the value of reversal rate statistics as one means of evaluating the adequacy of the pre-termination process is diminished.  Thus, although we view such information as relevant, it is certainly not controlling in this case.EIn striking the appropriate due process balance, the final factor to be assessed is the public interest.  This includes the administrative burden and other societal costs that would be associated with requiring, as a matter of constitutional right, an evidentiary hearing upon demand in all cases prior to the termination of disability benefits.  The most visible burden would be the incremental cost resulting from the increased number of hearings and the expense of providing benefits to ineligible recipients pending decision.  No one can predict the extent of the increase, but the fact that full benefits would continue until after such hearings would assure the exhaustion in most cases of this attractive option.  Nor would the theoretical right of the Secretary to recover undeserved benefits result, as a practical matter, in any substantial offset to the added outlay of public funds.  The parties submit widely varying estimates of the probable additional financial cost.  We only need say that experience with the constitutionalizing of government procedures suggests that the ultimate additional cost in terms of money and administrative burden would not be insubstantial. Page 424 U. S. 348Financial cost alone is not a controlling weight in determining whether due process requires a particular procedural safeguard prior to some administrative decision.  But the Government's interest, and hence that of the public, in conserving scarce fiscal and administrative resources is a factor that must be weighed.  At some point, the benefit of an additional safeguard to the individual affected by the administrative action and to society in terms of increased assurance that the action is just may be outweighed by the cost.  Significantly, the cost of protecting those whom the preliminary administrative process has identified as likely to be found undeserving may, in the end, come out of the pockets of the deserving, since resources available for any particular program of social welfare are not unlimited.  See Friendly, supra, 123 U.Pa.L.Rev. at 1276, 1303.But more is implicated in cases of this type than ad hoc weighing of fiscal and administrative burdens against the interests of a particular category of claimants.  The ultimate balance involves a determination as to when, under our constitutional system, judicial-type procedures must be imposed upon administrative action to assure fairness.  We reiterate the wise admonishment of Mr. Justice Frankfurter that differences in the origin and function of administrative agencies "preclude wholesale transplantation of the rules of procedure, trial, and review which have evolved from the history and experience of courts."  FCC v. Pottsville Broadcasting Co., 309 U. S. 134,  309 U. S. 143 (1940).  The judicial model of an evidentiary hearing is neither a required, nor even the most effective, method of decisionmaking in all circumstances.  The essence of due process is the requirement that "a person in jeopardy of serious loss [be given] notice of the case against him and opportunity to meet it."  Joint Anti-Fascist Comm. v. McGrath, 341 U.S. at  341 U. S. 171-172 (Frankfurter, Page 424 U. S. 349 J., concurring).  All that is necessary is that the procedures be tailored, in light of the decision to be made, to "the capacities and circumstances of those who are to be heard," Goldberg v. Kelly, 397 U.S. at  397 U. S. 268-269 (footnote omitted), to insure that they are given a meaningful opportunity to present their case.  In assessing what process is due in this case, substantial weight must be given to the good faith judgments of the individuals charged by Congress with the administration of social welfare programs that the procedures they have provided assure fair consideration of the entitlement claims of individuals.  See Arnett v. Kennedy, 416 U.S. at  416 U. S. 202 (WHITE, J., concurring in part and dissenting in part).  This is especially so where, as here, the prescribed procedures not only provide the claimant with an effective process for asserting his claim prior to any administrative action, but also assure a right to an evidentiary hearing, as well as to subsequent judicial review, before the denial of his claim becomes final.  Cf. Boddie v. Connecticut, 401 U. S. 371,  401 U. S. 378 (1971).We conclude that an evidentiary hearing is not required prior to the termination of disability benefits, and that the present administrative procedures fully comport with due process.The judgment of the Court of Appeals isReversed
U.S. Supreme CourtMathews v. Eldridge, 424 U.S. 319 (1976)Mathews v. EldridgeNo. 74-204Argued October 6, 1975Decided February 24, 1976424 U.S. 319SyllabusIn order to establish initial and continued entitlement to disability benefits under the Social Security Act (Act), a worker must demonstrate that, inter alia, he is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment. . . ."  The worker bears the continuing burden of showing, by means of "medically acceptable . . . techniques" that his impairment is of such severity that he cannot perform his previous work or any other kind of gainful work.  A state agency makes the continuing assessment of the worker's eligibility for benefits, obtaining information from the worker and his sources of medical treatment.  The agency may arrange for an independent medical examination to resolve conflicting information.  If the agency's tentative assessment of the beneficiary's condition differs from his own, the beneficiary is informed that his benefits may be terminated, is provided a summary of the evidence, and afforded an opportunity to review the agency's evidence.  The state agency then makes a final determination, which is reviewed by the Social Security Administration (SSA).  If the SSA accepts the agency determination, it gives written notification to the beneficiary of the reasons for the decision and of his right to de novo state agency reconsideration.  Upon acceptance by the SSA, benefits are terminated effective two months after the month in which recovery is found to have occurred.  If, after reconsideration by the state agency and SSA review, the decision remains adverse to the recipient, he is notified of his right to an evidentiary hearing before an SSA administrative law judge.  If an adverse decision results, the recipient may request discretionary review by the SSA Appeals Council, and finally may obtain judicial review.  If it is determined after benefits are terminated that the claimant's disability extended beyond the date of cessation initially established, he is entitled to retroactive payments.  Retroactive adjustments are also made for overpayments.  A few years after respondent was first awarded disability benefits, he received and completed a questionnaire Page 424 U. S. 320 from the monitoring state agency.  After considering the information contained therein and obtaining reports from his doctor and an independent medical consultant, the agency wrote respondent that it had tentatively determined that his disability had ceased in May, 1972, and advised him that he might request a reasonable time to furnish additional information.  In a reply letter, respondent disputed one characterization of his medical condition and indicated that the agency had enough evidence to establish his disability.  The agency then made its final determination reaffirming its tentative decision.  This determination was accepted by the SSA, which notified respondent in July that his benefits would end after that month and that he had a right to state agency reconsideration within six months.  Instead of requesting such reconsideration, respondent brought this action challenging the constitutionality of the procedures for terminating disability benefits and seeking reinstatement of benefits pending a hearing.  The District Court, relying in part on Goldberg v. Kelly, 397 U. S. 254, held that the termination procedures violated procedural due process and concluded that prior to termination of benefits respondent was entitled to an evidentiary hearing of the type provided welfare beneficiaries under Title IV of the Act.  The Court of Appeals affirmed.  Petitioner contends, inter alia, that the District Court is barred from considering respondent's action by Weinberger v. Salfi, 422 U. S. 749, which held that district courts are precluded from exercising jurisdiction over an action seeking a review of a decision of the Secretary of Health, Education, and Welfare regarding benefits under the Act except as provided in 42 U.S.C. § 405(g), which grants jurisdiction only to review a "final" decision of the Secretary made after a hearing to which he was a party.Held:1. The District Court had jurisdiction over respondent's constitutional claim, since the denial of his request for benefits was a final decision with respect to that claim for purposes of § 405(g) jurisdiction.  Pp.  424 U. S. 326-332.(a) The § 405(g) finality requirement consists of the waivable requirement that the administrative remedies prescribed by the Secretary be exhausted and the nonwaivable requirement that a claim for benefits shall have been presented to the Secretary.  Respondent's answers to the questionnaire and his letter to the state agency specifically presented the claim that his benefits should not be terminated because he was still disabled, and thus satisfied the nonwaivable requirement.  Pp.  424 U. S. 328-330. Page 424 U. S. 321(b) Although respondent concededly did not exhaust the Secretary's internal review procedures, and ordinarily only the Secretary has the power to waive exhaustion, this is a case where the claimant's interest in having a particular issue promptly resolved is so great that deference to the Secretary's judgment is inappropriate.  The facts that respondent's constitutional challenge was collateral to his substantive claim of entitlement, and that (contrary to the situation in Salfi) he colorably claimed that an erroneous termination would damage him in a way not compensable through retroactive payments warrant the conclusion that the denial of his claim to continued benefits was a sufficiently "final decision" with respect to his constitutional claim to satisfy the statutory exhaustion requirement.  Pp.  424 U. S. 330-332.2. An evidentiary hearing is not required prior to the termination of Social Security disability payments, and the administrative procedures prescribed under the Act fully comport with due process.  Pp.  424 U. S. 332-349.(a) "[D]ue process is flexible and calls for such procedural protections as the particular situation demands," Morrissey v. Brewer, 408 U. S. 471,  408 U. S. 481.  Resolution of the issue here involving the constitutional sufficiency of administrative procedures prior to the initial termination of benefits and pending review, requires consideration of three factors:  (1) the private interest that will be affected by the official action; (2) the risk of an erroneous deprivation of such interest through the procedures used, and probable value, if any, of additional procedural safeguards; and (3) the Government's interest, including the fiscal and administrative burdens that the additional or substitute procedures would entail.  Pp.  424 U. S. 332-335.(b) The private interest that will be adversely affected by an erroneous termination of benefits is likely to be less in the case of a disabled worker than in the case of a welfare recipient, like the claimants in Goldberg, supra.  Eligibility for disability payments is not based on financial need, and, although hardship may be imposed upon the erroneously terminated disability recipient, his need is likely less than the welfare recipient.  In view of other forms of government assistance available to the terminated disability recipient, there is less reason than in Goldberg to depart from the ordinary principle that something less than an evidentiary hearing is sufficient prior to adverse administrative action.  Pp.  424 U. S. 339-343.(c) The medical assessment of the worker's condition implicates Page 424 U. S. 322 a more sharply focused and easily documented decision than the typical determination of welfare entitlement.  The decision whether to discontinue disability benefits will normally turn upon "routine, standard, and unbiased medical repots by physician specialists," Richardson v. Perales, 402 U. S. 389,  402 U. S. 40.  In a disability situation, the potential value of an evidentiary hearing is thus substantially less than in the welfare context. Pp.  424 U. S. 343-345.(d) Written submissions provide the disability recipient with an effective means of communicating his case to the decisionmaker.  The detailed questionnaire identifies with particularity the information relevant to the entitlement decision.  Information critical to the decision is derived directly from medical sources.  Finally, prior to termination of benefits, the disability recipient or his representative is afforded full access to the information relied on by the state agency, is provided the reasons underlying its tentative assessment, and is given an opportunity to submit additional arguments and evidence.  Pp.  424 U. S. 345-346.(e) Requiring an evidentiary hearing upon demand in all cases prior to the termination of disability benefits would entail fiscal and administrative burdens out of proportion to any countervailing benefits.  The judicial model of an evidentiary hearing is neither a required, nor even the most effective, method of decisionmaking in all circumstances, and here, where the prescribed procedures not only provide the claimant with an effective process for asserting his claim prior to any administrative action, but also assure a right to an evidentiary hearing, as well as subsequent judicial review before the denial of his claim becomes final, there is no deprivation of procedural due process.  Pp.  424 U. S. 347-349.493 F.2d 1230, reversed.POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, BLACKMUN, and REHNQUIST, JJ., joined.  BRENNAN, J., filed a dissenting opinion, in which MARSHALL, J., joined, post, p.  424 U. S. 349.  STEVENS, J., took no part in the consideration or decision of the case. Page 424 U. S. 323