DMR Eligibility Decision by H.O. Hudgins 1 10 08

Date:

01/10/08

Author:

Hudgins

Outcome: ineligible
Keyword: IQ, mental illness, adaptive skill deficits

Hearing Officer: Marcia Hudgins
Counsel present for DMR: Patrick Murphy
Appellant present: Yes
Hearing Officer decision: 1/10/08
Appeal confirmed by Commissioner: 2/1/08

The appellant is a 22-year old woman who currently resides at the Swansea Woods Residential School in Swansea, Mass. She has been diagnosed in various reports with borderline intellectual functioning and a language-based learning disorder. She also has several psychiatric diagnoses (unspecified).

Four evaluation results were entered into evidence.

Year	Test	Age	Score			Diagnosis in report
Year	Test	Age	Verb.	Perf.	Full	Diagnosis in report
1996	WISC-III	10	64	83	71	The evaluator stated that the 19-point difference between the appellant's Verbal and Performance skills indicates that her nonverbal skills are better developed then her verbal skills, which evaluator believes are due to various learning disorders. Concluded that although the appellant's presentation may suggest mild mental retardation at times, the test results indicate that the appropriate diagnosis is borderline intellectual functioning.
1998	WISC-III	12	60	83	N/A	Evaluator stated that such a discrepancy between verbal and performance sections occurs frequently and makes a Full Scale IQ score meaningless. Also, the fact that the appellant was able to obtain average to low average scores on four of the nonverbal tests rules out a general cognitive slowness. The evaluator concluded that the appellant's behavior and test results did not meet the criteria of ADD or mental retardation.
2001	WISC-III	16	69	75	70	The evaluator concluded that appellant's Full Scale score places her at the crease between mild mental retardation and borderline intellectual functioning, but noted that her subtest scores tend to distribute into a distinct pattern suggestive of a language-based learning disability.
2005	WAIS-III	19	75	78	75	The evaluator concluded that the appellant's Full Scale IQ score placed her solidly in the borderline range of intellectual functioning.

The hearing officer found that the appellant failed to show that she meets DMR eligibility criteria. Although the applicant's Full Scale IQ scores fall within the sub average range, the professionals who tested her found her to be in the borderline range of intellectual functioning. In addition, her psychiatric illness was found to have a negative impact on her intellectual functioning, and as psychiatric issues have been addressed her IQ scores have increased.

The hearing officer also found that the appellant failed to demonstrate that she has related limitations in at least two adaptive settings. The limitations that she has demonstrated were found to be related to her psychiatric difficulties and lack of opportunities to develop adaptive skills, rather than related to her intellectual capacity.

Attachment	Size
Hudgins decision 1-10-08 WO_0.pdf (3.69 MB)	3.69 MB