DMR Eligibility Decision by H.O. Hudgins 3 18 04

Date:
Author:
Hudgins

 

Appeal denied by Commissioner on March 23, 2004

Keyword: intellectual function

Hearing Officer: Marcia A. Hudgins

Counsel present for Appellant: No

Counsel present for DMR: John C. Geenty, Jr.

Appellant present: No

Hearing Officer Decision on March 18, 2004

 

Year

Test

Age

Score

Diagnosis in report

Verb.

Perf.

Full

1997

WISC-III

13

87

73

78

The record stated that the appellant's non-verbal subtest score indicated attention difficulties.

2003

WAIS-III

19

87

73

78

The evaluator stated that the performance IQ score indicated a non-verbal learning disability.

The DMR expert noted that according to the two evaluations, the appellant's verbal score was in the low average range, the performance in the borderline range, and the full scale in the upper end of the borderline range.  The expert also noted that the evaluation of adaptive behavior completed when the appellant was 19 showed six areas were solidly in the average range. The hearing officer found that the appellant was not mentally retarded, because the IQ score of 78 did not come within the AAMR definition of significantly sub-average intellectual functioning

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