Califano v. Yamasaki

Califano v. Yamasaki

SCOTUSCase
Litigants=Califano v. Yamasaki
ArgueDate=March 19
ArgueYear=1979
DecideDate=June 20
DecideYear=1979
FullName=Joseph A. Califano, Jr., Secretary of Health, Education, and Welfare v. Yamasaki, et al.
USVol=442
USPage=682
Citation=
Prior=
Subsequent=
Holding=Recipients who file a written request for waiver under 204 (b) are entitled to the opportunity for a prerecoupment oral hearing, but those who merely request reconsideration under 204 (a) are not so entitled.
SCOTUS=1975-1981
Majority=Blackmun
JoinMajority=
Dissent=
JoinDissent=
NotParticipating=Powell
LawsApplied=Social Security Act

Califano v. Yamasaki, ussc|442|682|1979 was a case where the United States Supreme Court decided an issue of Federal statutory hearing rights.

Under section 204(a)(1) of the Social Security Act, the Secretary of the Department of Health, Education, and Welfare was allowed to make recoupments of erroneous overpayments of old age, survivors' or disability benefits by deducting from future payments. Section 204(b) allowed the Secretary to preclude the recoupment if the disability recipient was without fault and adjustments or recovery would "defeat the purposes" of the Act or "be against equity and good conscience."

Under the Department's procedures, after a recipient was notified of the "ex parte" determination that an overpayment had been made, the recipient could file a written request either seeking reconsideration of that determination or asking the Secretary to waive recovery in accordance with 204(b). The recoupment would start if the agency's decision on the request went against the recipient, and an oral hearing would be granted only if the recipient continued to object to recoupment.

A number of beneficiaries challenged the Department's procedure under the due process clause of the Fifth Amendment to the US Constitution.

In an opinion written by Justice Blackmun, the court held that because individual rights were at stake, the procedures did not satisfy the requirements of due process.

See also

* "United States v. Florida East Coast Railway Co.", ussc|410|224|1973
*List of United States Supreme Court cases, volume 442


Wikimedia Foundation. 2010.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • Yamasaki — (山崎, 山嵜, 山咲; the first of these being the most common) can refer to several Japanese people, places and characters. The same characters are for many purposes pronounced Yamazaki.*Yamasaki, Hyōgo, a town in Japan *Yamasaki Corporation, a wrestling …   Wikipedia

  • List of United States Supreme Court cases, volume 442 — This is a list of all the United States Supreme Court cases from volume 442 of the United States Reports :* Greenholtz v. Inmates of Neb. Penal and Correctional Complex , ussc|442|1|1979 * Electrical Workers v. Foust , ussc|442|42|1979 * Parker v …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”