Tripp v. Swoap

In Tripp v. Swoap (1976) 17 Cal.3d 671, the California Supreme Court held that if the Director of the former Department of Social Welfare wrongfully denies a claimant's application for welfare disability benefits, the claimant may file a petition for writ of administrative mandamus for an order directing the Director to pay the claimant benefits retroactively from the date of his or her application. (Id. at pp. 675-676.) In the circumstances of that case, Tripp concluded "the effective date of the claimant's entitlement to benefits" was the "first day of the month following the date of application for benefits." (Id. at p. 678.) Citing section 3287(a)'s language, Tripp stated: "For purposes of ordering retroactive payments, the right to receive benefits vests in the recipient on the first date of his or her entitlement." (Tripp, at p. 683.) Tripp concluded the claimant was entitled to prejudgment interest on benefits wrongfully withheld from the claimant based on section 3287(a)'s language and the delay caused by the claimant's need to vindicate his or her entitlement to benefits. (Tripp, at pp. 683, 685.) The court held: "Where a recipient of welfare benefits is adjudged entitled to retroactive payment of benefits pursuant to the statutory obligation of the state, such recipient is entitled to an award of prejudgment interest at the legal rate from the time each payment becomes due." (Id. at p. 685, italics added.)