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DMR Eligibility Decision by H.O. Hudgins 10 16 07

Date: 
10/16/2007
Author: 
Hudgins
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Outcome: Eligible
Keyword: learning disability, ADHD, ABAS-II, IQ

Hearing Officer: Marcia Hudgins
Counsel present for Appellant: n/a
Counsel present for DMR: n/a
Hearing Officer Decision: 10/16/07
Appeal confirmed by Commissioner: 10/22/07

Year

Test

Age

Score

Diagnosis in report

Verb.

Perf.

Full

2003

WISC-IV

15

 

 

64

The scaled subtest scores were five below and Dr. Silver concluded that he had significantly below average cognitive skills.

2006

WAIS-III

18

81

70

74

Appellant has slow responses and lots of errors which may be a strong indicator of attention deficit disorder.

2006

ABAS II

18

 

 

69

4 in communication, health, safety, and self-care. 5 in leisure, social, and work

 

 

 

 

 

 

 

 

In 2006, after testing they found the appellant to have a very strong likelihood of a nonverbal learning disability and combined with a form of ADHD. Also in 2006, he had an individual education program in which he had a job coach. In 2006, Frederick Johnson found him to be ineligible for DMR services based on his 2006 full IQ score of 74.

However, Hearing Officer Hudgins found the appellant to be eligible for DMR services based on the grounds that he has an inadequately developed or impaired intelligence in that he has significantly sub average intellectual functioning. Also based on the appellant's IEP and ABAS, the court found him to have related limitations in at least two of more adaptive skill areas. 

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