DMR Eligibility Decision by H.O. Hudgins 4 1 04

Date:

04/01/04

Author:

Hudgins

Appeal allowed by Commissioner on June 28, 2004

Keyword: intellectual function, adaptive skills

Hearing Officer: Marcia A. Hudgins

Counsel present for Appellant: No

Counsel present for DMR: David Fleischman

Appellant present: Yes

Hearing Officer Decision on April 1, 2004

Year	Test	Age	Score			Diagnosis in report
Year	Test	Age	Verb.	Perf.	Full	Diagnosis in report
1959	SB	9	-	-	66	-
1961	SB	11	-	-	61	The report stated that the appellant's severe emotional disturbance was basic to her intellectual retardation.
1962	SB	12	-	-	63	The examiner noted that the test result was a fair indication of the appellant's intellectual functioning at that time.
1963	SB	13	-	-	69	-
1964	WAIS	14	70	85	75	The record stated that the appellant gave the impression of possible higher ability than was shown.
1983	WAIS-R	33	69	81	74	-
1983	WAIS-R	33	70	84	74	The evaluator concluded that the appellant's verbal difficulties were more due to being placed in an institution during the school year than to specific cognitive limitations.
1988	WAIS-R	38	66	88	75	The reporter noted that there was significant difference between the verbal and performance IQ scores.
2002	WAIS-III	52	66	83	72	The evaluator stated that the appellant was not mentally retarded.
2003	WASI	53	66	84	72	The report noted that the pattern of the discrepancy in the scores was not common in the mentally retarded.
2004	WAIS-III	54	66	78	69	The evaluator stated that the full scale IQ score was in the range of mild mental retardation.

The appellant's adaptive behavior composite was a 49 in 2001. The DMR expert noted that people with mental retardation had uniformly low scores and that the appellant might have scored so low because she did not develop certain skills during her formative school years.

The hearing officer found that the appellant was mentally retarded, noting that she had significantly sub-average functioning and related limitations were manifested before the age of 18. The hearing officer also noted that nothing in the AAMR definition spoke to the difference in verbal and performance IQ scores. Additionally, she stated that the AAMR Fact Sheet indicated that mental retardation could be caused by not only educational risk factors but biomedical and behavioral risk factors.

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Hudgins decision 4-1-04 DO_0.pdf (4.08 MB)	4.08 MB