DMR Eligibility Decision by H.O. Rosenberg 6 13 06

Keyword: intellectual function before age 18, adaptive skills

Hearing Officer: Deirdre Rosenberg

Counsel present for Appellant: No

Counsel present for DMR: John Mitchell

Appellant present: Yes

Hearing Officer Decision on June 13, 2006

[Some pages are missing.]

Two evaluations showed that the appellant's IQ scores were in the mild range of retardation. The DMR expert pointed out that there were no scores available prior to the age of 18.  The DMR expert concluded that she was ineligible for DMR services based on insufficient information (although the DMR expert did not conduct his own assessment of the appellant).  In addition, the expert reviewed the appellant's ICAP scores and found that the appellant's adaptive skills were not at the level of impairment required by DMR.

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.  There was no IQ test administered before the appellant was 18 years old. The appellant did not have related limitations in two or more of the adaptive skill areas to the level necessary to meet the DMR standards. Thus, the appellant is not eligible for DMR supports.