Get Social Security Disability & SSI With Mental Retardation

Winning Your Case

Mental Retardation & Intellectual Disorders - Social Security's View Of Your Medical Evidence

Two Ways To Be Found Disabled

Mental retardation or intellectual disorders can be caused by a wide variety of medical conditions (e.g. congenital or genetic causes, Alzheimer's, dementia, stroke, traumatic brain injury, viruses, or infections). Regardless of the cause, Social Security can find you disabled in basically one of two ways.

Listing. First, you are a child or an adult and you meet mental retardation & intellectual disorders listing. Social Security evaluates mental retardation or intellectual disorders with one of three listings:

1. Intellectual Disorders (mental retardation) - Adult Listing 12.05 and Child Listing 112.05,
2. Neurocognitive Disorders - Adult Listing 12.02 and Child Listing 112.02, and
3. Neurodevelopmental Disorders - Adult Listing 12.11 and Child Listing 112.11.

There is substantial overlap in each listing, and your mental retardation or intellectual disorder applies to one or more of the three listings. Each essentially requires two things:

1. Deficits in intellectual or cognitive functioning, attention or concentration, or short or long-term memory; and
2. Deficits in daily life functioning.

Neurocognitive disorders are those that are caused by another medical condition (e.g. Tay-Sachs disease, human immunodeficiency virus infection, vascular conditions, brain conditions, multiple sclerosis, Parkinsonian syndrome, Huntington disease, substance use, or medication or toxin exposure). Neurocognitive disorders cause a decreased cognitive ability from a previous level of functioning. Social Security acknowledges examples of such disorders to include dementia and Alzheimer's.

Intellectual disorders are those that are characterized specifically by reduced intellectual functioning. Proof of intellectual functioning is done by IQ testing unless your functioning is so poor you are unable to undergo testing. Social Security generally requires full-scale, performance, or verbal IQ scores to be below 70. Social Security requires that your disorder began prior to age 22. Commonly that a claimant will have IQ scores below 70, but they lack evidence that the disorder began before age 22. In this case, the claimant must look to one of the other two listings.

Neurodevelopmental disorders are those that involve abnormal development of the central nervous system - often including the brain. Motor deficits as well as cognitive deficits are common. Onset occurs in childhood, though a diagnosis may not occur until adulthood. Social Security recognizes that examples of such disorders include learning disorders, borderline intellectual functioning, and tic disorders such as Tourette syndrome. The general medical community also considers autism, cerebral palsy, mental retardation, and ADHD to be neurodevelopmental disorders. Social Security evaluates autism separately under Adult Listing 12.10 and Child Listing 112.10.

Grid Rule. Second, if you are an adult, you must show you cannot do your past work and you meet a grid rule. In this second case, you have mental retardation or an intellectual disorder that is not at a listing level but limits you to unskilled tasks, and -

1. You are 50-54, and
2. You have physical medical impairments that limit you to sedentary work.
3. OR
4. You are over 50-54, and
5. You have physical medical impairments that limit you to light work.
6. You are illiterate or unable to speak English.
7. OR
8. You are over 55, and
9. You have physical medical impairments that limit you to light work.
10. OR
11. You are over 55,
12. You have physical medical impairments that limit you to medium work, and
13. You have a limited education (6th grade or less).

Cognitive Testing

Though specific testing is addressed in Listing 12.05, any claim of defective cognitive functioning is best demonstrated by cognitive IQ testing. Like in any other claim for disability, you need to present evidence to Social Security regarding your impairment. Testimony alone from you or those who know you is rarely enough to convince the Social Security that you have a disabling cognitive functioning. IQ testing is performed by a psychologist and is typically the Woodcock-Johnson IV test. Such IQ testing costs vary but range from about $200 to $500 and generally include test administration, scoring, and a brief written report of the findings. Testing generally takes about 1.5 to two hours to administer.

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