Is a Director of Human Resources powerless to change a decision that initially determined that he was eligible for disability benefits?

California, United States of America


The following excerpt is from Miranda v. Unemployment Ins. Appeals Bd., 111 Cal.Rptr. 419, 36 Cal.App.3d 213 (Cal. App. 1973):

Petitioner here contends that because the interviewer initially determined that he was eligible, the benefit payments became due and that the Director was powerless to change that decision upon review by the supervisor without a 'due process' hearing. In taking this position petitioner relies on California Dept. of Human Resources v. Java, 402 U.S. 121, 91 S.Ct. 1347, 28 L.Ed.2d 666 and Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287. We disagree.

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