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DMR Eligibility Decision by H.O. Hudgins 11 8 04

Date: 
11/08/2004
Author: 
Hudgins
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Appeal denied by Commissioner on November 15, 2004

Keyword: intellectual function, age 18, discrepancy between scores

Hearing Officer: Marcia A. Hudgins

Counsel present for Appellant: No

Counsel present for DMR: Kim LaDue

Appellant present: No

Hearing Officer Decision on November 8, 2004

 

Year

Test

Age

Score

Diagnosis in report

Verb.

Perf.

Full

2000

K-BIT

15

-

-

85

The report indicated the score was in the borderline range.

2001

WISC-III

16

69

89

76

The report stated that the 20-point difference demonstrated stronger nonverbal abilities than language-based abilities. 

2003

WAIS-III

18

68

78

70

The examiner noted that the test result placed the appellant in the below average range of cognitive ability but did not give a diagnosis of mental retardation.

Evaluated using the ABAS, the sum of the appellant's scaled scores was 45, and his general adaptive composite was 65. The DMR expert stated that the appellant's Klinefelter's syndrome might interfere with his performance and that even with the large discrepancy between scores, a person with these scores would not be mentally retarded, because the scores were not uniformly low with some scores in the average range. She rather stated that the appellant had Klinefelter's syndrome and ADHD.

The hearing officer found that the appellant was not mentally retarded. She gave the most weight to the test results done when the appellant was 15 and found no evidence of mental retardation before age 18.

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