Adult IQ Scores to demonstrate IQ before age 22 in Social Security Disability and SSI hearings
by
Glen Cook on Jul. 24, 2013
Summary: Social Security benefits for mental retardation require an onset before age 22. Disabled Adult Child Benefits also require an onset before age 22. When there is no juvenile testing, an adult WAIS may satisfy the requirements
Section 12.05 of the Listing of Impairments requires an onset of the required IQ before age 22. Similarly, Disabled Adult Child Benefits require onset of disability before age 22. Often, the only evidence is an adult WAIS test. Administrative Law Judges will deny the claim, stating (incorrectly) that there is no evidence of IQ before age 22.
Section 112.00D10 of 20 CFR Part 404, Subpart P, Appendix 1, takes administrative notice that “[g]enerally, the results of IQ tests tend to stabilize by the age of 16.” Thus, IQ testing performed as an adult would have probative value as to the claimant’s cognitive abilities.
The case law is in accord: “Absent evidence of sudden trauma that can cause retardation, the IQ tests create a rebuttable presumption of a fairly constant IQ throughout her life.” See Hodges v. Barnhart, 276 F.3d 1265 (11th Cir. 2001); quoted in Black v. Astrue, 678 F.Supp. 2d 1250 (N.D. Fla. 2010). In this case, the evidence shows special education and a limited education, confirming the presumption.
This same analysis supports requesting a consultative exam (CE) to determine claiment's IQ, even if after age 22.
Copyright 2013. Glen Cook www.cooklaw.org
