SSA’S INTELLECTUAL DISABILITY LISTING
WHAT IS INTELLECTUAL DISABILITY?
Intellectual disability (ID) is a term that is used to describe a person who has limits in their mental ability and in their communication skills, self care skills, and social skills. Children with ID take longer to learn to speak, walk, and take care of themselves. They have trouble learning in school. Usually it takes them longer to learn concepts. Additionally, there may be some things they cannot learn.
Intellectual conditions can be caused by a problem that starts any time before a child turns 18 years old. It can be caused by disease, injury, or a problem in the brain prior to birth. Some of the most common causes of ID are Down syndrome and fetal alcohol syndrome. Other common causes are genetic conditions and birth defects. Other causes of ID do not occur until a child is older. For example, a child may suffer a serious head injury, stroke, or a brain infection.
If you or your child have a severe intellectual disability, then you should apply for SSDI and SSI benefits. You can apply for both benefits online at the SSA website.
INTELLECTUAL DISABILITY AND WINNING BENEFITS
The SSA has a listing for intellectual problems that prevent people from working. Your intellectual disability must prevent you from working for over 12 months in order to win benefits. ID can also result in problems on the job and in their adult life. Many people with an intellectual disability may attempt to work, but they often cannot keep a job.
Almost 7 million people in the US have an intellectual disability. World wide about 1-3% of people have ID. That is as many as 200 million people throughout the world with ID. The majority of those with an intellectual disability have mild issues that can be overcome with education and training. While the SSA takes this type of ID into account, payment of SSD benefits focuses on severe ID that prevents work.
TREATMENT FOR INTELLECTUAL PROBLEMS
There are no specific treatments that can cure intellectual issues, as it is a permanent condition. However, there are things that can help individuals with ID to improve their quality of life and manage their symptoms.
Some of the most common treatments for intellectual disability include:
- Education: Special education programs teach and support those with ID. They help people with ID develop academic and functional skills.
- Behavioral therapy: Behavioral therapy, such as Applied Behavior Analysis (ABA), can help people with ID learn new skills and behaviors. It can also reduce negative behaviors and improve social and communication skills.
- Medications: Medications can manage symptoms that might come along with ID, such as seizures, anxiety, and depression.
- Speech and language therapy: Speech and language therapy can help those with ID improve their communication skills. It can also help improve their ability to get along with others.
- Occupational therapy: Occupational therapy can help people with ID develop skills to perform daily activities and improve their independence.
- Social and emotional support: Social and emotional support, such as counseling and peer support groups, can help individuals with ID cope with the challenges that are part of ID and improve their life.
UTAH RESOURCES FOR INTELLECTUAL DISABILITY
Center for Parent Information and Resources
The Center for Parent Information and Resources shares family friendly information and research materials on a variety of topics including ID.
Utah Developmental Disabilities Council (UDDC)
The UDDC’s mission is to be Utah’s leading source of critical information that helps the lives of those with developmental conditions.
Division of Services for People with Disabilities (DSPD)
Utah’s DSPD provides support for people to lead their own lives. They oversee home and community services, job services, and give support to those who use their services and their families.
This is a network of local volunteer leaders and groups that provides education and support to families who have a member with a disability. The Network’s particular area of experience is giving supports to families who are on the waiting list or in services from the Utah Division of Services for People with Disabilities.
The UDSF continues today to link families together and to educate parents and the public in understanding the needs of individuals with Down syndrome.
American Association on Intellectual and Developmental Disabilities (AAIDD)
AAIDD promotes research and human rights for people with intellectual and developmental conditions.
SSA DEFINES INTELLECTUAL DISABILITY IN LISTING 12.05
The SSA defines intellectual issues under listing 12.05 as follows:
Intellectual disability: Intellectual disability refers to significantly subaverage general intellectual functioning with deficits in adaptive functioning that manifest during the developmental period. For example, the evidence demonstrates or supports the onset of the impairment before age 22.
The required level of severity for this condition is met when, under 12.05 B the individual has:
- Significantly subaverage general intellectual functioning with evidence under a or b:
- A full scale (or comparable) IQ score of 70 or below on an individually administered standardized test of general intelligence; or
- A full scale (or comparable) IQ score of 71-75 with a verbal or performance IQ score (or comparable part score) of 70 or below on an individually administered standardized test of general intelligence; and
2. Significant deficits in adaptive functioning currently manifested by extreme limitation of one, or marked limitation of two, of the following areas of mental functioning:
3. The evidence about your current intellectual and adaptive functioning and about the history of your disorder demonstrates or supports the conclusion that the disorder began prior to age 22.
Be aware that the SSA looks at your work history both before and after the age of 22. If you work or perform substantial gainful activity before or after you turn 22 years old, then that is proof that your intellectual disability doesn’t prevent you from working.
WHAT DOES FULL SCALE IQ SCORE MEAN?
The SSA tests your IQ using the WAIS IV test. Your Full Scale IQ score is an average of the four Index scores on the WAIS IV test. The four Index scores come from your Verbal Comprehension, Perceptual Organization, Working Memory and Processing Speed tests. It is the combination of these scores that makes up your full scale IQ score. As you can see from Listing 12.05, your Full Scale IQ score must be below 75 to qualify for benefits under the listing.
However, the WAIS IV also has 16 subtests which include: Information, Vocabulary, Arithmetic, Block Design, Picture Completion and Similarities. Additionally, the test includes a Long Term Memory Index that assesses your ability to remember information over a period of time. There is also a Working Memory Index. A Full Scale IQ score is the combination of the scores from all of the tests.
The average IQ score on the WAIS IV test is 100. Having a score lower than 100 does not automatically mean you are below average. Instead, you would need to score far below average to obtain the label of “below average.” For example, you would need to score a 70 to have a below average score. On the results of the WAIS IV, 88% of people have an IQ score below 100. While only 2% of people have an IQ score above 140.
DON’T CLAIM INTELLECTUAL DISABILITY UNLESS YOU REALLY HAVE ONE
It would be foolish to claim you have an intellectual disability and then try to cheat the WAIS IV exam. Normally, people who cheat on the exam are trying to avoid work. Or, they are trying to win money, like Social Security benefits. Cheating on the WAIS IV test will get you nowhere. This is not proper behavior. We advise you not to cheat on the WAIS IV.
You cannot trick the test or the psychologist. If you do not do your best on the WAIS IV, then the psychologist will document it. For example, if you answer simple questions with, “I don’t know,” then that is a sign you are not doing your best on the test. Likewise, making simple mistakes on math problems would be another sign that you are not giving your best effort.
If you try to cheat the exam or fail to do your best, then you hurt your chances of winning SSD benefits. Additionally, your honesty will be in question. If that occurs, then the judge will not believe your statements about your mental or physical health. If the judge doesn’t believe you when you are talking about your symptoms, then you have no hope of winning your SSDI and SSI benefits. Please read about your IQ and winning SSDI and SSI benefits.
USE YOUR RESIDUAL FUNCTIONAL CAPACITY TO WIN BENEFITS
The SSA considers Residual Functional Capacity (RFC) when looking at whether they can pay you SSD benefits. RFC is a measure of your ability to perform work related activities despite your ID.
When looking at a claim for benefits based on ID, the SSA will first determine whether you meet listing 12.05 for ID. If you do not meet listing 12.05, the SSA will then look at your RFC to determine your ability to work.
The RFC for ID will focus on your ability to understand and follow instructions. They will look at your ability to remember information, solve problems, and get along with others. The SSA’s RFC will also take into account any physical or sensory limits that may impact your ability to perform work activities.
The SSA will consider all available medical records and testing. They will also consider the opinions of your treating doctor when looking at your RFC. The RFC will determine whether you are capable of doing any of your past work or any other work that exists in significant numbers in the national economy. In short, once the SSA judge determines your RFC, the judge will then ask the VE if you can work.
VOCATIONAL CONSIDERATIONS FOR INTELLECTUAL DISABILITY
Most individuals whose testing falls below 70 are in the bottom 10% of “general learning ability.” This is a term the SSA uses to determine if a person can work. If your IQ score is in the bottom 10% of general learning ability, then it is likely that you are unable to work at any job.
At your hearing, the ALJ may invite a medical expert to testify as to whether your IQ meets or equals listing 12.05. You will need an attorney to question the medical expert. Find out more here about the medical expert at your Social Security hearing.
Many judges ignore the fact that low IQ can prevent you from working. For that reason, you need an attorney who can question the VE. If you are seeking benefits and have valid IQ testing from a psychologist that falls within the above ranges, you should contact our office. Chances are good that you can win benefits.
We can help you file your application for benefits. You can file online with Social Security’s website. Additionally, children with ID may also be able to get Supplemental Security Income benefits. Find out more about filing an application for childhood SSI benefits.
Additionally, along with SSI benefits, you may get Medicaid benefits. Medicaid is health insurance for low income families. Find out more information about Medicaid benefits.
LEARN MORE ABOUT INTELLECTUAL ISSUES
Most individuals whose testing falls below 70 are normally in the bottom 10% of “general learning ability.” This is a term the SSA uses to determine if an individual can work. If an individual has an IQ in the bottom 10% of general learning ability, then they are usually unable to work at competitive job.
Many job experts and judges ignore the fact that those in the bottom 10% of learning ability cannot work. If you need SSD benefits and have valid IQ testing that falls within the above ranges, then you should contact our office.
You may be able to win benefits. Therefore, we can help you file your application. Additionally, children with ID can get Supplemental Security Income. SSI benefits may also be an option for you if you have never worked.
In order to learn more, read our article IQ and Winning SSD Benefits. Once you read the article, if you still have questions, then feel free to contact us. We offer a free review of your case to anyone who wants to become our client. Additionally, it is easy to apply for SSDI and SSI benefits online at the SSA’s website. We can help you file your application. Just give us a call.
WHAT WE DO TO WIN YOUR BENEFITS FOR INTELLECTUAL DISABILITY
You do not need to try to win SSD benefits on your own. We can help file your SSD and SSI application. Also, we can help you file an appeal after every SSA denial. That way, you can focus on your health. Our attorneys and staff can:
- Send you the paperwork you need to become our client
- Help you file your application for SSD and SSI benefits
- Inform the SSA they should pay your benefits under the Compassionate Allowance Rules
- File an appeal if you receive a denial from DDS
- Help you confirm your free SSA doctor exam
- Request a Hearing with an Administrative Law Judge (ALJ)
- Prepare you to testify at the ALJ hearing
- Represent you at your hearing and question the expert witnesses
- Read more about job experts
- Learn more about medical experts
- Request review of an SSA decision with the Appeals Council
- Request review of an Appeals Council denial in Federal Court
If you file your application for benefits online at Social Security’s website, then you have 6 months to complete it. However, you should not wait to finish it. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back.
WE CAN HELP YOU WIN BENEFITS FOR IQ ISSUES
At Cannon Disability, we have won over $100 million dollars in ongoing and past due benefits for our clients. We have the experience you need in court to win your intellectual disability case. No matter where you live, we can help you, because we have clients in many states. Learn more about Utah SSD benefits and Nevada SSD benefits. We also have information on California SSD benefits. Additionally, you can learn more Idaho SSD benefit information.
Make sure to apply for SSD benefits as soon as you know you are not going to be able to work. SSI benefits only pay out from the date of your application. However, if you get SSI benefits, then you will also get Medicaid benefits. Additionally, SSDI benefits do not pay if meet SSA’s rules after your date last insured. Learn more about the date last insured.
With SSDI benefits, you can receive past due benefits one year prior to the date of your application. The opposite is true with SSI benefits. SSI benefits begin the day you apply and they do not go back in time prior to your application date. If you do not apply quickly, then you are losing benefits. Learn more about past due SSD benefits.
HIRE THE BEST ATTORNEY TO HELP YOU WIN BENEFITS
Contacting our law firm is free. We offer a free review and discussion of your case. Also, we do not charge an attorney fee unless we win your case. Our law firm is one of the best SSD firms in the country. We are one of the best Social Security law firms in Las Vegas, Nevada and Salt Lake City, Utah. We have won over $100 million in both ongoing and past due benefits. Learn more information about past due benefits.
A lot is riding on winning benefits. Your future, as well as the future of your family, is at stake. If you have an intellectual disability, then you need to support yourself. Additionally, you may need to support your own children. Furthermore, you do not want to be a burden on your family members.
Many people with intellectual disability live with their parents. Parents age and stop working. Then, they can no longer support their adult child. If you cannot work and you win disability benefits, then you have your own source of income. Because it is so important, you need to hire the best Social Security attorney to help you win your case.
HOW TO HIRE THE BEST SSD ATTORNEY
How will you know who the best SSDI and SSI attorney? It is simple. Look for two things.
First, find an attorney who has the legal experience to help you win SSD benefits. Because legal experience is what you need to win. For example, the attorneys at our law firm have over 30 years of legal experience. We have won over 20,000 SSDI and SSI cases in the last 30 years. Therefore, we have the legal experience you need.
Second, find an attorney you like. Make sure the staff at your law firm treats you with kindness and respect. When you apply for SSD benefits, it may take up to two years to win. Therefore, you need a lawyer you can trust.
Dianna Cannon has been helping client win Social Security benefits for over 30 years. Brett Bunkall has won hundreds of cases in Utah, Nevada, and Idaho. Andria Summers also has over 20 years of experience helping our clients win their benefits.
Furthermore, our attorneys understand the law. We will use our legal experience to help you. Also, we have helped thousands of people with IQ issues who cannot work win benefits. Contact us today to hire a Social Security attorney with the experience to win your case.
Because of how long it takes to win SSD benefits, you will develop a relationship with your attorney. Pick an attorney that you can get along with. You will be happier with the whole process. Contact our law firm. Find out if we are a good fit for you. Let us help you with your intellectual disability benefits.
