DMR Eligibility Decision by H.O. Rosenberg 1 30 06

Appeal denied by Commissioner on March 16, 2006

Keyword: DSS, Post Traumatic Stress Disorder, intellectual function

Hearing Officer: Deirdre Rosenberg

Counsel present for Appellant: N/A

Counsel present for DMR: N/A

Appellant present: N/A

Hearing Officer Decision on January 30, 2006

The appellant has been in DSS custody since the age of ten and has displayed self-injurious and suicidal behavior, aggression, stealing, and other high risk behaviors throughout her life. At the time of the fair hearing, she was diagnosed with mood disorder and PTSD.

In 1999, when the appellant was 12, she received a verbal IQ of 85, performance of 84, and full scale of 84 on the WAIS-III test.  In 2001 she received a verbal IQ of 83, performance of 79, and full scale of 79 on WAIS-III test.  In 2004, when she was 17, she received verbal IQ of 81, performance of 98, and full scale of 88. No other contrary evidence regarding her IQ level was submitted.

The hearing officer found that the appellant did not meet the DMR's definition of mental retardation as set forth at 115 CMR 2.01.  The three intelligence evaluations demonstrated that her IQ was in the borderline or low average range.  The appellant never received scores in the range of "approximately 70 to 75 or below," which is the range in which it is possible to conclude a person is mentally retarded.  Thus, the appellant was not eligible for DMR supports.