The Online Resource for Massachusetts Poverty Law Advocates

DMR Eligibility Decision by H.O. Rosenberg 8 30 07

Date: 
08/30/2007
Author: 
Rosenberg

Outcome: Ineligible
Keyword: IQ, lack of evidence

Hearing Officer: Deirdre Rosenberg
Counsel present for Appellant: No
Counsel present for DMR: Patricia Oney
Appellant present: Yes
Hearing Officer decision on August 30, 2007
Appeal denied by Commissioner on September 7, 2007

Appellant is a 29 year old male. He was born with a non-specific neuromuscular condition, which affects his posture and stance, a somewhat dysmorphic facial appearance, and slurred speech. His sister suffered from the same condition and had been found eligible for DMR services several years previously.

Although appellant's sister lived in a group home, appellant was kept home and sent to a local public school, receiving special education services under Chapter 766.

The summary of the evidence is in the following table:

Year

Test (for ex., WISC-III, WAIS-III, ABAS-II)

Age

Score

Diagnosis in report

Verb.

Perf.

Full

2006

WAIS-III

28

86

85

85

Scores place appellant in the low average range of intelligence. Appellant was also assessed for depression and received a moderate to severe overall depression reading and was diagnosed with major depression.

The hearing officer found that appellant did not meet the definition for "mental retardation" and therefore was ineligible for services. The only IQ evaluation of appellant resulted in scores in the mid-80's range and no evidence or argument was presented that the scores did not accurately reflect appellant's intellectual abilities.

To save files, right click and choose 'Save Target As' or 'Save Link As'
File Attachment: 
AttachmentSize
PDF icon Rosenberg decision 8-30-07 WO_0.pdf581.61 KB

Limit Offer