Can a recipient of federal and state-funded disability benefits appeal against his disability benefits?

California, United States of America


The following excerpt is from Webb v. Swoap, 114 Cal.Rptr. 897, 40 Cal.App.3d 191 (Cal. App. 1974):

[40 Cal.App.3d 195] As we interpret Goldberg v. Kelly, the guaranty of procedural due process intervenes to prevent a 'grievous loss' without a prior opportunity for contest. (397 U.S. at pp. 262--263, 90 S.Ct. 1011.) Constitutional concern centers on the threatened interruption of basic livelihood pending the contest, not ultimate disentitlement after the contest. Pending the administrative appeal, due process calls for continued livelihood, not continued eligibility. The recipient's constitutional right to a pre-termination appeal does not empower him to extend eligibility for continued aid by filing a meritless appeal. When the appeal is finished, he has received all the due process he may constitutionally claim. Thus his retention of aid received pending the appeal is not hinged to constitutional principle; rather, it turns upon federal and state statutes and regulations.

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