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Tuesday, February 11, 2014

L.R. VS. DIVISION OF DISABILITY SERVICES

L.R. VS. DIVISION OF DISABILITY SERVICES
 A-5701-11T2

L.R. participates in the Personal Assistance Service
Program under the Personal Assistance Services Act,
N.J.S.A. 30:4G-13 to -22. She receives a monthly cash
budget to assist her perform routine, nonmedical tasks and
promote the greatest possible degree of self-control and
self-direction. She appeals from the decision of the
Commissioner of Human Services denying her request to use
unspent funds to pay for the landline connection to her
residence phone, cell phone service, and internet access.

We reverse. The Commissioner's decision was
arbitrary, capricious, and inconsistent with the
Legislature's policy of promoting the greatest possible
degree of self-control and self-direction on the part of
consumers of Personal Assistance Service Program services. 02/06/14