NOW/COMP applicant failed to show sufficient deficits in intellectual, adaptive functioning   

In this matter, a 20-year-old woman seeking benefits under the New Options Waiver/Comprehensive Supports Program (NOW/COMP) had her application denied.  In upholding the denial, the Court concluded the applicant failed to meet the criteria of “sub-average intellectual functioning.”  While an IQ score taken at age 12 could indicate an intellectual disability, the Court was persuaded by the agency’s expert witness who testified that the result was inaccurate based on the applicant’s behavior during the test.  The Court also concluded the applicant would not be eligible for benefits on the basis of having the “related condition” of autism spectrum disorder, as she failed to show sufficient deficits in adaptive functioning.