| 词条 | Califano v. Yamasaki |
| 释义 |
|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 |ParallelCitations= 99 S.Ct. 2545; 61 L. Ed. 2d 176 |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=Burger, Brennan, Stewart, White, Marshall, Rehnquist, Stevens |Dissent= |JoinDissent= |NotParticipating=Powell |LawsApplied=Social Security Act }} 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. See also
External links
| case = Califano v. Yamasaki, {{ussc|442|682|1979|el=no}} | justia =https://supreme.justia.com/cases/federal/us/442/682/ | loc =http://cdn.loc.gov/service/ll/usrep/usrep442/usrep442682/usrep442682.pdf | oyez =https://www.oyez.org/cases/1978/77-1511{{SCOTUS-case-stub}} 5 : United States Supreme Court cases|United States Supreme Court cases of the Burger Court|United States administrative case law|1979 in United States case law|Social Security lawsuits |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。