My question involves public health law in the State of: Hawaii
Several months ago, an issue arouse with my state provided benefits. I appealed the decision because it was reasons that caused the suspension were invalid. I filed a lawsuit and requested a hearing through the Dept. of Health & Social Services, as they are required to do. Either that day, or the next day, I received a phone call saying that the suspension was in error, and that they have rescinded the letter they sent out and that if I come in and file a new application, my benefits will be restored. So that I did. However, my case for benefits is based on physical disability. DHS sends you to a physical exam and then makes a decision based on the doctors recommendation. Well, somehow, things got screwed up, and the DHS computer system couldn't set and make an appointment for me at the physical exam clinic. So, the DHS employee said, I guess we'll have to see how crazy you are, all I can do is make an appointment for a psychological exam. So the appointment was made, and I went, and in order to keep my benefits, I had to submit to weekly UA's, see a psychotherapist every other week, and a psychiatrist once a month.
Now, it gets even more interesting. There was no start date, it just said to submit my paperwork that I complied with the orders by such and such date. Also, it did not say that these were mandatory. It just said that it was recommended that I do this. A recommendation is only a suggestion. Sort of like a speed limit sign. I remember speed signs saying recommended speed 35, but actual speed may have been 55. I got out of a ticket this way because the sign did not tell me it was a mandatory obligation to reduce my speed.
So here I am now, facing another suspension for non compliance which I have appealed and requested a hearing to get it straightened out. I never wanted to be on a mental health program, my disability falls in the physical category and has been that way for the last 3 years I've been on DHS.
I'm looking for suggestions on how to win this. Perhaps what I said is enough? Should I go and try to become compliant, at least for this month? Like I said, it never said when I needed to start, just that it recommended that I do these things.
Thanks in advance.