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  1. #1

    Default Dsh or Dhsh Question Regarding Welfare Benefits and Suspension Due to Non Compliance

    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 Either that day, or the next day, I received a phone call saying that the suspension was in error, and that they have rescinded the letter they sent out and that if I come in and file a new application, my benefits will be restored.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.

  2. #2
    Join Date
    Jun 2014

    Default Re: Dsh or Dhsh Question Regarding Welfare Benefits and Suspension Due to Non Complia

    Obviously you have severe mental health issues. If you did not you would not have been approved for state cash assistance based on your mental health. If a,driver goes,over the speed,limit. They can be issued a ticket. If you do not do what the state tells you to do. Your monthly benefits can be terminated.

    Di you have a drug abuse problem? That is the only reason I can think of for regular drug screens.

  3. #3

    Default Re: Dsh or Dhsh Question Regarding Welfare Benefits and Suspension Due to Non Complia

    Nope, not according to DSM-IV or DSM-V. Why was I approved? Easy. My pain clinic closed, where I was receiving prescribing narcotics. They closed suddenly without warning, they didn't even give their clients a last refill and say goodluck. I live on a small island. Not anymore pain clinics around like that, so I went to a methadone clinic. Do I have a drug problem? No. Prescribed narcotic dependence? Yes. So I signed up for methadone for my back pain.

    Now, the state can think whatever they want, but they never asked me these questions. I only told them I was in a methadone clinic and that I was quitting it shortly because I found a new pain management doctor. However, the guy approved me anyway because going to a methadone clinic qualifies you for a mental disability, even though I used methadone as an off-label (and it isn't really off-label, but for sake of argument we'll use that I guess because everyone associates methadone with heroin, junkies and drug addicts) pain killer, or, rather, I used it as prescribed for therapeutic purposes with regards to my injuries.

  4. #4
    Join Date
    Jun 2014

    Default Re: Dsh or Dhsh Question Regarding Welfare Benefits and Suspension Due to Non Complia

    If you were approved for disability based on seeing a psychiatrist or psychologist. You have severe mental health issues. Although it is possible you lost your disability because you are receiving treatment for drug addiction. . Drug abuse, addiction or dependency alone is not grounds for disability. That would explain you not having been found mentally. The state made a mistake when they approved you based on mental illness.

    Have you gotten copies of your medical records from the methadone clinic and read them ? Although they might have notes you do not have access to but the state does.

    Have you tried to get back into pain management with a,regular doctor or pain management doctor ? It is usually impossible to receive narcotics for chronic pain when you have a history of being treatment for drug addiction. You can tell the methadone clinic whatever you want. That does not mean they officially agree with you.

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