DMR Eligibility Decision by H.O. Rosenberg 2 15 05

Appeal denied by Commissioner on March 18, 2005

Keyword: intellectual function, verbal scores, age 18

The appellant was born with hypospodias and encephalocele and developed hypothalamic dysfunction, diabetes insipidus, asthma and a seizure disorder.

Hearing Officer: Deirdre Rosenberg

Counsel present for Appellant: No

Counsel present for DMR: Kim LaDue

Appellant present: Yes

Hearing Officer Decision on February 15, 2005

The DMR expert also observed the weaknesses in the nonverbal areas but further testified that the verbal scores were not consistent with mental retardation.

The hearing officer found that the appellant was not mentally retarded.  The appellant did not have significantly sub average intellectual function in that all of his verbal IQ scores were above 80 prior to the age of 18. The hearing officer agreed with the testimony of the DMR expert that the verbal scores in the eighties were not consistent with mental retardation.  The hearing officer did not give consideration to some evidences relative to the appellant's adaptive functioning.