Stratton-King
Stratton-King v. Martin
Opinion
Opinion
Kongsgaard, J.
Petitioner appeals from a judgment denying a peremptory writ of mandate.
Record
On July 3, 1969, petitioner-appellant, Stratton-King, filed with the Alameda County Welfare Department a written application for aid to the permanently and totally disabled (ATD) pursuant to Welfare and Institutions Code sections 11000-11158 and 13500 et seq. and the regulations promulgated thereunder. This application was denied on October 3, 1969, on the grounds a State Medical Review team determined that the claimant’s impairments were not severe enough to qualify for ATD.
On December 18, 1969, petitioner filed a request for a fair hearing pursuant to Welfare and Institutions Code section 10950 et seq., contesting denial of his application for ATD benefits, and this hearing was held on January 16, 1970. The transcript of that hearing was introduced in evidence before the lower court; the relevant facts from this transcript will be set forth hereafter.
On February 18, 1970, a proposed decision was rendered by a referee employed by the State Department of Social Welfare (SDSW) denying petitioner’s claims for benefits, and that decision was adopted by respondent pursuant to Welfare and…