What is the test for retroactive aid in the context of retroactive disability benefits?

California, United States of America


The following excerpt is from Hypolite v. Carleson, 125 Cal.Rptr. 221, 52 Cal.App.3d 566 (Cal. App. 1975):

This argument rests upon a premise which appellant states in this language: '. . . (T)he many factors which influence an individual's eligibility will have to be evaluated in each case in order to determine the propriety of retroactive aid. Many of the individuals who were either denied (AFDC) benefits or had benefits terminated on the basis of the subject regulation may also have been ineligible for a myriad of other factors. In other words, while the invalidity of the regulation may be a fact common to all, the right to retroactive aid 'can be established only after extensive examination of the circumstances surrounding each party. '' (Appellant here quotes and relies upon City of San Jose v. Superior Court, supra, 12 Cal.3d 447 at p. 461, 115 Cal.Rptr. 797, 525 P.2d 701.)

Other Questions


Can a recipient of federal and state-funded disability benefits appeal against his disability benefits? (California, United States of America)
In what circumstances will a plaintiff be denied disability income benefits under a group disability income policy? (California, United States of America)
What is the test for retroactive retroactivity in the context of a medical malpractice case? (California, United States of America)
What is the test for assessing indirect burden or condition in the context of disability benefits? (California, United States of America)
Is it error for the trial court to fail to determine the unlawfulness of withholding disability benefits for failure to file a disability report form? (California, United States of America)
Is a judicial decision retroactively retroactive when a settled rule is changed? (California, United States of America)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
What is the test for denying disability retirement benefits on religious grounds? (California, United States of America)
What is the test for a finding that a person sustained a particular disability which was not included in the permanent disability rating? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.