DMR Eligibility Decision by H.O. Hudgins 4 7 08

Date:
Author:
Hudgins

Appeal denied by Commissioner on April 14, 2008
Keyword: intellectual function, mental illness

Hearing Officer: Marcia A. Hudgins
Counsel present for Appellant: No
Counsel present for DMR: Allegra Munson
Appellant present: No (mother present)
Hearing Officer Decision on April 7, 2008

Year

Test

Age

Score

Diagnosis in report

Verb.

Perf.

Full

1997

WISC III

9

74

83

77

Examiner stated scores are mild underestimates.

2000-01

WISC III

12

75

82

77

Concurred w/ 1997 testor that scores are mild underestimates.

2004

WISC III

15

65

63

61

Inpatient in psychiatric hospital at time of testing. Testor noted she was oppositional.

2004

Stanford Binet

16

 

 

80

Testor noted results affected by impulsivity, lack of perseverance, and level of investment.

2005

WAIS III

17

 

 

66

Evaluator said FS of 66 is likely an underestimate of ability.

 

ABAS II

18

 

 

 

Noting significant difficulties in 5 areas.

19 year old female applied for DMR services on May 1, 2006. Six evaluations of intellectual functioning before age 18 were entered into evidence (one invalid), as well as an ABAS-II.

DMR expert testified that appellant is not mentally retarded, but in borderline range and mental illness (including hospitalizations) has negatively impacted test scores. Onset of mental illness has resulted in a lowering of IQ test scores.

The hearing officer found that the applicant did not meet the criteria for DMR services, agreeing with the DMR expert that the applicant's test scores were underestimates of her real ability.

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