Cautionary tale about administrative procedural hurdles

In a new but unpublished decision by the Superior Court, Appellate Division, a person applying for benefits under the State’s Traumatic Brain Injury Fund (TBIF)  was denied reimbursement for certain equipment due to apparent failure to properly follow all of the procedural requirements for obtaining same. B.B. V. Division of Disability Services ( A-3151-12T3, decided Nov. 17, 2014). The situation started in 2009 when he first inquired about payment for a certain assistive device. Numerous procedural steps were involved including, at some point, pre-approval of the purchase. The decision discusses those procedural requirements and the various administrative hurdles that are built into the regulations. You can read the text of the decision here a3151-12 . The case is not approved for publication, so it serves as guidance, but is not binding on lower courts should a similar case arise later on.

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