DMR Eligibility Decision by H.O. Rosenberg 10 22 05

Keyword: intellectual function

Hearing Officer: Deirdre Rosenberg

Counsel present for Appellant: Elaine Cockroft, Esq.

Counsel present for DMR: Allegra E. Munson, Esq.

Appellant present: Yes

Hearing Officer Decision on October 22, 2005

The appellant had been diagnosed with attention deficit hyperactivity disorder.

The examiner did not question the results of the 1992 and 1993 IQ scores, so the hearing officer assumed that the other subtest results were consistent with the results in the tests.  The report of the Psychoeducational Evaluation administered in 2002 did not suggest a reason for a decline in the score.  The hearing officer did not consider the results of the 2004 evaluation because the appellant was beyond the age of 18 at the date of the test.  Therefore, the hearing officer found that the appellant was not mentally retarded because the appellant did not have significant sub-average intellectual functioning.