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0 tracked cards Constitutional Law

A state statute provides that eligible residents "shall receive" monthly disability benefits unless the agency finds one of five listed grounds for termination. The agency cuts off a recipient's benefits after reviewing medical records but without giving advance notice or a chance to respond. The recipient sues for violation of procedural due process.
Which statement is most accurate?

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The recipient has a property interest only if the Constitution itself creates the benefit. No process is required because a public benefit is a privilege rather than property. The recipient has a property interest if state law creates an entitlement to continued benefits, and the timing and form of process depend on the private interest, risk of error, value of additional safeguards, and government interest. Due process applies only if the government acts with racial or gender bias.

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