WEBB v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES

No. 4D05-1409.

939 So.2d 1182 (2006)

JOSHUA WEBB, Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellee.

District Court of Appeal of Florida, Fourth District.

October 25, 2006.


Attorney(s) appearing for the Case

Howard M. Talenfeld and Tracey K. McPharlin of Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Charles M. Fahlbusch, Senior Assistant Attorney General, Fort Lauderdale, for appellee.


WARNER, J.

Joshua Webb appeals an order of an administrative hearing officer denying his application for Medicaid Waiver Services through the Agency of Persons with Disabilities program (APD). Webb claims that the officer erred in determining that he was not retarded, because the officer relied solely upon one full scale IQ test, without consideration of Webb's other test scores. We conclude that the officer applied a standard for eligibility contrary to the applicable...

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