About: Califano v. Yamasaki     Goto   Sponge   NotDistinct   Permalink

An Entity of Type : umbel-rc:Event, within Data Space : dbpedia.org associated with source document(s)
QRcode icon
http://dbpedia.org/describe/?url=http%3A%2F%2Fdbpedia.org%2Fresource%2FCalifano_v._Yamasaki

Califano v. Yamasaki, 442 U.S. 682 (1979), was a United States Supreme Court case in which the 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."

AttributesValues
rdf:type
rdfs:label
  • Califano v. Yamasaki (en)
rdfs:comment
  • Califano v. Yamasaki, 442 U.S. 682 (1979), was a United States Supreme Court case in which the 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." (en)
foaf:name
  • (en)
  • Joseph A. Califano, Jr., Secretary of Health, Education, and Welfare v. Yamasaki, et al. (en)
dcterms:subject
Wikipage page ID
Wikipage revision ID
Link from a Wikipage to another Wikipage
Link from a Wikipage to an external page
sameAs
dbp:wikiPageUsesTemplate
JoinMajority
  • Burger, Brennan, Stewart, White, Marshall, Rehnquist, Stevens (en)
LawsApplied
oyez
ParallelCitations
USPage
USVol
ArgueDate
ArgueYear
case
  • Califano v. Yamasaki, (en)
DecideDate
DecideYear
fullname
  • Joseph A. Califano, Jr., Secretary of Health, Education, and Welfare v. Yamasaki, et al. (en)
Holding
  • Recipients who file a written request for waiver under 204 are entitled to the opportunity for a prerecoupment oral hearing, but those who merely request reconsideration under 204 are not so entitled. (en)
justia
Litigants
  • Califano v. Yamasaki (en)
majority
  • Blackmun (en)
loc
has abstract
  • Califano v. Yamasaki, 442 U.S. 682 (1979), was a United States Supreme Court case in which the 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. (en)
NotParticipating
  • Powell (en)
prov:wasDerivedFrom
page length (characters) of wiki page
foaf:isPrimaryTopicOf
is Link from a Wikipage to another Wikipage of
is Wikipage redirect of
is foaf:primaryTopic of
Faceted Search & Find service v1.17_git139 as of Feb 29 2024


Alternative Linked Data Documents: ODE     Content Formats:   [cxml] [csv]     RDF   [text] [turtle] [ld+json] [rdf+json] [rdf+xml]     ODATA   [atom+xml] [odata+json]     Microdata   [microdata+json] [html]    About   
This material is Open Knowledge   W3C Semantic Web Technology [RDF Data] Valid XHTML + RDFa
OpenLink Virtuoso version 08.03.3330 as of Mar 19 2024, on Linux (x86_64-generic-linux-glibc212), Single-Server Edition (62 GB total memory, 56 GB memory in use)
Data on this page belongs to its respective rights holders.
Virtuoso Faceted Browser Copyright © 2009-2024 OpenLink Software