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DMR Eligibility Decision by H.O. Hudgins 2 4 04

Date: 
02/04/2004
Author: 
Marcia Hudgins
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Appeal denied by Commissioner on February 10, 2004

Keyword: intellectual function, muscular dystrophy

Hearing Officer: Marcia A. Hudgins

Counsel present for Appellant: No

Counsel present for DMR: C. J. Gagne

Appellant present: Yes

Hearing Officer Decision on February 4, 2004

The appellant had Duchenne muscular dystrophy.

 

Year

Test

Age

Score

Diagnosis in report

Verb.

Perf.

Full

1990

WISC-R

6

100

67

81

The appellant was reported to have muscular dystrophy. The examiner did not give a diagnosis of mental retardation.

1997

WISC-III

13

-

-

-

The examiner did not report the scores but stated that the appellant's overall intellectual functioning was demonstrated to be in the borderline range.

1999

WISC-III

15

75

-

-

The examiner did not report performance or full scale IQ scores and did not give a diagnosis of mental retardation.

2002

WAIS-III

18

81

-

-

The examiner noted that the appellant's true score ranged between the low average and the borderline impaired.

The DMR expert stated that the appellant had never been diagnosed as mentally retarded.  He also stated that the appellant's functional limitations were due to his physical incapacities and emotional state.  He also noted that Muscular Dystrophy appeared to limit the appellant's ability to perform on the performance part of the tests.

The hearing officer found that the appellant was not mentally retarded because he did not have significantly sub-average intellectual functioning. She noted that all the test results were in the bottom of the low average to the borderline range and that none of the reports found mental retardation.

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