DMR Eligibility Decision by H.O. Rosenberg 3 20 07

Outcome: Ineligible
Keyword: ABAS-II, adaptive skills

Hearing Officer: Deirdre Rosenberg
Counsel present for Appellant: Richard Ames, Esq.
Counsel present for DMR: Patrick Murphy
Hearing Officer decision: 3/20/07
Appeal confirmed by Commissioner: 4/6/07

Prior to the 1996 test, a WISC III test was conducted in 1994 when the appellant was six years old. The psychologist at the time did not include any numbers in his report but stated that the appellant "obtained a full scale IQ in the intellectually deficient (1st percentile), which is where his performance also fell, but his verbal was at the lower end of the borderline (4th percentile)." After the final test in 2005, DMR concluded that the appellant was not retarded. They stated that the results in the ABAS-II were above what was seen in someone who is retarded. Although the appellant's IQ scores put him within the intelligence range that may conclude that an applicant is retarded he was not in need of specialized supports in two or more of the adaptive skills areas. Rosenberg cites evidence of cognitive ability in that the appellant uses public transportation, gets himself ready for school, and cooks breakfast. The appellant also was able to clearly and accurately explain what he would do in a fire and what he would do if he cut himself. However, despite this evidence, the numerical results of the ABAS II were never given in this document.