DMR Eligibility Decision by H.O. Hudgins 11 14 05

Appeal denied by Commissioner on November 27, 2005

Keyword: intellectual function

Hearing Officer: Marcia A. Hudgins

Counsel present for Appellant: No

Counsel present for DMR: Douglas J. White

Appellant present: Yes

Hearing Officer Decision on November 14, 2005

In 2004, when the appellant was 19, the appellant received a full scale score of 96 on WASI test.  The verbal score was in the low average range and the performance score in average range. The tester stated that it appeared that the appellant's verbal and nonverbal skills had been improved. The scores from testing done prior to age 18 were not entered into evidence because there were no test reports interpreting those scores. The IEP revealed that the appellant might have deficits in the functional academics area.  The DMR expert contended that the appellant was ineligible for adult DMR services because the appellant's full scale score did not show mental retardation.  The expert also stated that the appellant's IEP did not show any imitations in his adaptive skills.

The hearing officer found that the appellant was not mentally retarded because the appellant did not have significantly sub average intelligence.  There was no evidence that the appellant had IQ scores of 70 to 75 or below prior to age 18.  Thus, the hearing officer did not give consideration to some evidence relative to the appellant's functional limitations.