DMR Eligibility Decision by H.O. MacKieran 4 29 08
Outcome: Ineligible
Keyword: non-verbal learning disorder, mental illness, IQ
Hearing Officer: Sara Mackiernan
Hearing Officer decision: April 29, 2008
Appeal confirmed by Commissioner: May 12, 2008
The issue presented in this case is whether the appellant meets the eligibility criteria for DMR supports by reason of mental retardation, as set out in 115 CMR 6.04(1).
|
Year |
Test |
Age |
Score |
Diagnosis in report |
||
|
Verb. |
Perf. |
Full |
||||
|
2003 |
WISC-III |
14 |
87 |
71 |
77 |
There was a lot of scatter among the subtests. When the Rorschach and Thematic Apperception Tests were administered, they showed signs of depression and regression. Appellant did have a non-verbal learning disorder. |
|
2004 |
WISC-IV |
16 |
|
|
53 |
Done about 1 month into appellant's stay in the Adolescent Assessment Unit at Cambridge Hospital. It took 2 days, and appeared invalid as a result of appellant's lack of effort. Again, there was a scatter among subtests. Personality testing showed a lot of anger, frustration, sadness, low self-esteem, and interpersonal conflicts. Examiner concluded that the appellant's psychological and social difficulties negatively affected his information processing and cognitive functioning. |
|
2005 |
WAIS-III |
17 |
83 |
65 |
73 |
Appeared disorganized and disoriented during verbal tests, he was only moderately persistent in problem solving, and he became emotionally immobilized when tasks were difficult for him. Projective tests revealed that appellant seemed quite depressed and possibly suicidal. He has serious learning disabilities |
|
2007 |
WAIS-III |
18 |
82 |
72 |
75 |
Suggest a non-verbal learning disability. He seemed tired, but motivated to take the test. At the time he was on Abilify, Concerta, Depakote, Lithium, and Iburoprion. The Doctor interpreted the projective test to show that appellant was an angry and depressed individual who could be resistant to opposition. The test also suggested aggression and guardedness. |
Appellant is a 19 year old male, who has been in special education classes since kindergarten. He has a short stature, he was being treated with hormone therapy, but that was discontinued in 2004 as a result of aggression. He has trouble with peers and is often bullied. He was diagnosed with a seizure disorder when he was 17 months. Appellant has had a host of psychological/emotional problems, including ADHD, mood disorder NOS, and ODD at various times. He has also experienced depression and homicidal/suicidal ideation.
Appellant has been residing and enrolled in school at Northeast Family Institute's Riverside Center since December 2004. This was preceded by 2 psychiatric hospitalizations that year, 1 for homicidal ideation towards his father, assaulting his father, and threatening his therapist, and the other hospitalization was after he was found in bed with his 7 year old sister. The last hospitalization prior to being admitted to the residential school in which he now lives lasted for 3 months.
Although it is clear that appellant is suffering from mental illness, as well as a non-verbal learning disorder, the hearing officer does not find that the appellant has shown by a preponderance of the evidence that he has mental retardation. She found that four evaluations showed him to have borderline to average intelligence.
| Attachment | Size |
|---|---|
| MacKiernan decision 4-29-08 WO_0.pdf (373.16 KB) | 373.16 KB |