Is a recipient of a disability benefit entitled to a hearing to appeal the action?

California, United States of America


The following excerpt is from Morales v. McMahon, 223 Cal.App.3d 184, 272 Cal.Rptr. 688 (Cal. App. 1990):

Federal regulations also mandate that aggrieved recipients, dissatisfied with the agency action, be provided the right to a hearing to be conducted under the due process standards enunciated in Goldberg v. Kelly (1970) 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (see 45 C.F.R., 205.10(a)(1)). Such regulations further provide the claimant shall be given a reasonable time, not to exceed 90 days, in which to appeal the agency action. (See 45 C.F.R., 205.5(a)(5)(iii).)

Other Questions


Can a recipient of federal and state-funded disability benefits appeal against his disability benefits? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Is a plaintiff entitled to (3) reasonable accommodations and (4) an adverse employment action because of the disability or perceived disability? (California, United States of America)
Is a recipient entitled to have her attorney fees paid by the recipient on appeal? (California, United States of America)
Is Lucas entitled to appeal against the Court of Appeal's finding that Lucas must pay costs on appeal? (California, United States of America)
Does a judge have jurisdiction to hear or render a decision or demurrer in this civil action against defendants for alleged denial of disability benefits? (California, United States of America)
What is the impact of the Court of Appeal's finding that a plaintiff's religious practice violates her entitlement to disability benefits? (California, United States of America)
Does the Court of Appeal have to continue to hear an appeal from an appellant who, as a result of the July 19, 2016 order rendered this appeal moot? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.