What is the standard of review of a decision denying a disability application pursuant to a writ of administrative mandate?

California, United States of America


The following excerpt is from Oldham v. Kizer, 1 Cal.Rptr.2d 195, 235 Cal.App.3d 1046 (Cal. App. 1991):

Preliminarily, it is necessary to clarify the standard of review. The trial court's review of respondent's decision denying appellant's application for disability benefits pursuant to his petition for a writ of administrative mandate (Code Civ.Proc., 1094.5) was governed by the independent judgment rule. (Frink v. Prod (1982) 31 Cal.3d 166, 180, 181 Cal.Rptr. 893, 643 P.2d 476.) It was required to reconsider the evidence and make its own independent findings of fact. (Harlow v. Carleson (1976) 16 Cal.3d 731, 735, 129 Cal.Rptr. 298, 548 P.2d 698.)

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