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M.R. v. Division of Developmental Disabilities

January 27, 2009

M.R., APPELLANT,
v.
DIVISION OF DEVELOPMENTAL DISABILITIES, RESPONDENT.



On appeal from the Division of Developmental Disabilities, Department of Human Services.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 1, 2008

Before Judges Reisner and Alvarez.

M.R. appeals a final agency decision by the Assistant Commissioner of the Department of Human Services, Division of Developmental Disabilities (the Division) finding him ineligible for agency services. We affirm.

In order to be found eligible for Division services, M.R. had to establish by the preponderance of the credible evidence that he is substantially functionally impaired in at least three of six areas:

i. Self-care;

ii. Receptive and expressive language;

iii. Learning;

iv. Mobility;

v. Self-direction; and/or

vi. Capacity for independent living or

economic self-sufficiency. [N.J.A.C. 10:46-1.3.F]

Persons with a severe, chronic disability that causes substantial functional limitation in three of the six categories are considered "developmentally disabled" within the meaning of N.J.S.A. 30:6D-25(b), so long as other threshold requirements are met.

Pursuant to N.J.A.C. 10:46-4.2(d), M.R. bears the burden of proof and the burden of persuasion on this appeal. He disputes the agency's determination that he has the capacity to function in three areas: learning, receptive and expressive language, and capacity for independent ...


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