Carleson

Jackson v. Carleson

Good Law
113 Cal. Rptr. 890·1974 Cal. App. LEXIS 939·39 Cal. App. 3d 12
Court of Appeal of CaliforniaMay 3, 1974Civ. 14117California1,399 words

Opinion

Opinion

Janes, J.

Plaintiff appeals from a judgment denying his petition for a writ of mandate.

Plaintiff applied through his county of residence for aid to the needy disabled (“ATD”). At the times here involved, ATD was one of the “categorical assistance” programs authorized by the Social Security Act (42 U.S.C. former § 1351 et seq.), implemented in California by the Welfare and Institutions Code (former § 13500 et seq.; see, Stats. 1973-1974, ch. 1216, § 55), and jointly funded by the federal and state governments. The final authority to determine ATD eligibility rested with the state Department of Social Welfare (“DSW”), which exercised that authority through a “medical review team” composed of a physician and a medical social service consultant. (Former § 13555.)

While awaiting the DSW’s decision on his application for ATD, plaintiff was found by his county welfare department to be in need of immediate financial assistance and apparently eligible for ATD. Accordingly, the county commenced payments to plaintiff under section 11056, which provides in relevant part as follows: “The county at the time of receiving an application for public assistance shall determine and verify whether…

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