THE SOCIAL WELFARE ACT
Act 280 of 1939
400.37 Application for assistance; investigation, hearing, appeal.
Sec. 37.
Whenever an application made for assistance, the county department of social welfare shall make a thorough investigation and report to the state department in the manner prescribed by it, giving its recommendation of the amount of assistance, if any, to be allowed. If the application be disallowed, or if the applicant is dissatisfied with the amount of assistance he is receiving, or is to receive, he may demand, in writing, a hearing of his case, as provided for in section 9 or section 65. The applicant or recipient may appeal to the circuit court of the county in which he resides, which court shall have power to review questions of law involved in any final decision or determination of the state department. Said petition shall be filed within 30 days of the receipt of such decision or determination. The petitioner shall not be required to furnish any bond and costs shall not be taxed against him. If the court shall decide in favor of the petitioner, assistance shall be paid from the first day of the month following the date of the application therefor or of the date of the original application for the relief in question.
History: 1939, Act 280, Imd. Eff. June 16, 1939 ;-- Am. 1945, Act 225, Imd. Eff. May 18, 1945 ;-- CL 1948, 400.37 ;-- Am. 1950, Ex. Sess., Act 42, Eff. Oct. 1, 1950 ;-- Am. 1965, Act 401, Imd. Eff. Oct. 27, 1965
PopularName Notes:
Act 280
Notes of Decisions
Cited in
19
cases (
2 in the last 5 years), 1969–2022 · leading case:
Westside Mothers v. Haveman, 133 F. Supp. 2d 549 (E.D. Mich. 2001).
Westside Mothers v. Haveman, 133 F. Supp. 2d 549 (E.D. Mich. 2001).
· cites it 2× “§§ 400.37, 400.9. Those administrative decisions may be appealed to the county circuit court.”
Tompkins v. Dep't of Soc. Servs., 293 N.W.2d 771 (Mich. Ct. App. 1980).
· cites it 2× “The plaintiff appealed this decision to the Wayne County Circuit Court pursuant to MCL 400.37; MSA 16.437. At that time, she alleged that her detrimental reliance on promises of excess shelter funds resulted in the loss of her house.”
Elliott v. Dep't of Soc. Servs., 333 N.W.2d 603 (Mich. Ct. App. 1983).
· cites it 2× “409 and MCL 400.37; MSA 16.437. Additionally, plaintiff claims that, by its action, DSS has deprived her of property, i.”
Soto v. Dir. of the Michigan Dep't of Soc. Servs., 251 N.W.2d 292 (Mich. Ct. App. 1977).
“” MCLA 400.37; MSA 16.437. The constitution provides that judicial review of administrative hearings: *269 "[S]hall include, as a minimum, the determination whether such final decisions, findings, rulings and orders are authorized by law; and, in cases in which a hearing is…”
Reed v. Hurley Med. Ctr., 395 N.W.2d 12 (Mich. Ct. App. 1986).
“Petitioner appealed to circuit court pursuant to MCL 400.37; MSA 16.437. The circuit court set aside the hearing referee’s decision.”
Palozolo v. Dep't of Soc. Servs., 473 N.W.2d 765 (Mich. Ct. App. 1991).
“409 and MCL 400.37; MSA 16.437. On August 15, 1988, the hearing referee upheld the dss’ removal of petitioner’s shelter allowance and requested recoupment.”
Black v. Dep't of Soc. Servs., 537 N.W.2d 456 (Mich. Ct. App. 1995).
“437 provides in pertinent part: If the application be disallowed, or if the appli *205 cant is dissatisfied with the amount of the assistance he is receiving, or is to receive, he may demand, in writing, a hearing of his case .”
White v. Dep't of Soc. Servs., 174 N.W.2d 315 (Mich. Ct. App. 1969).
· cites it 2× “This determination was affirmed by the state director and plaintiff appealed to circuit court under MCLA § 400.37 (Stat Ann 1968 Rev § 16.437), which limits review to questions of law.”
Collingsworth v. DSS Dir., 379 N.W.2d 417 (Mich. Ct. App. 1985).
“Petitioner appealed the hearing officer’s decision to the circuit court pursuant to MCL 400.37; MSA 16.437. Oral arguments were waived at the circuit court judge’s suggestion.”
Koziarski v. Dep't of Soc. Servs., 272 N.W.2d 183 (Mich. Ct. App. 1978).
“Following an adverse administrative hearing decision, plaintiffs filed an appeal in Wayne County Circuit Court pursuant to MCL 400.37; MSA 16.437. From an order of that court affirming the decision below, they appeal as of right.”
McKee v. Dep't of Soc. Servs., 381 N.W.2d 679 (Mich. 1986).
· cites it 2× “409 and MCL 400.37; MSA 16.437, upon a timely request for a hearing filed by the Claimant who disagrees with the Department’s determination that the Claimant is not eligible for adc based upon excess property.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.