What is the test for establishing a property interest in a claim for disability benefits?
California, United States of America
The following excerpt is from Petrillo v. Bay Area Rapid Transit Dist., 197 Cal.App.3d 798, 243 Cal.Rptr. 74 (Cal. App. 1988):
" 'Property interests, of course, are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law--rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.' [Citation.]" (Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, 206-207, 124 Cal.Rptr. 14, 539 P.2d 774.)
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