IQ AND WINNING DISABILITY BENEFITS
A low IQ can lead to being unable to work and winning disability benefits. For instance, if you have a low IQ, it may prevent you from working. You might know if you have a low IQ because it is hard to learn new things. Or, maybe you cannot keep a job, because you keep getting fired. Perhaps you are not able to remember job instructions. Or maybe you cannot make it through job training.
If that is the case, then Cannon Disability Law can help you win SSDI and SSI benefits for your IQ. Social Security Disability benefits are available if you cannot work for more than 12 months. These benefits come with Medicare benefits.
Supplemental Security Income (SSI) benefits are paid in addition to your SSD benefits if you get a low monthly amount or if you have never worked. A set amount of SSI pays out each month if you are meet the SSA’s financial rules. Normally, if you win SSI benefits you also qualify for Medicaid benefits. Learn about Medicaid benefits.
Both SSD and SSI benefits are tied to the date of application. Therefore, apply as soon as you can. Because every day you wait to apply is a day you are losing money. For the past 30 years, we have helped our clients apply for SSDI and SSI benefits. We love winning benefits for people who have IQ issues and cannot work.
REASONS FOR IQ ISSUES AND NEEDING SSDI & SSI BENEFITS
There are many reasons for IQ issues. For example, you may have a learning disorder? Or, perhaps you were in special education and now have trouble working? Likewise, perhaps you did not have enough oxygen at birth and this led to having a low IQ.
Sometimes, people are in an accident and have a Traumatic Brain Injury. Find out about Traumatic Brain Injury. Brain injury can lower your IQ. Strokes can also cause IQ issues. As you can see, there are many causes of IQ issues.
The Social Security Administration calls this type of problem an “intellectual disorder.” Learn about SSA’s requirements for benefits under the IQ listing. If you have an intellectual disorder, then you can apply for SSD benefits online at the Social Security website.
WHAT IQ TEST DOES THE SSA USE TO GRANT BENEFITS?
In order to test your IQ, the SSA does not use a free online IQ test. Instead, to find disability for an intellectual disorder, the SSA requires the IQ test to be a standardized intelligence test.
They also require the test to be given by a “qualified specialist.” The SSA states that a licensed psychologist qualifies, as long as they have an independent practice in the State where the test is given.
The doctor who gives the test must also have the training to administer, score, and interpret the intelligence tests. If a psychological assistant administers the test, a psychologist must interpret the test findings and sign the report.
Typically, the SSA will accept standardized IQ tests such as the Wechsler Adult Intelligence Scale (WAIS) IV and the Stanford-Binet test. However, the SSA no longer requires any certain intelligence test. Their concern is that the IQ test is one that is an accurate test. Additionally, the IQ test must not be given in a group setting. Instead, it has to be taken when the test taker is alone.
Also, the SSA will be looking for the subtests that include a verbal score and a performance score. Other important scores are the perceptual reasoning score, working memory, and the processing speed score. All of these tests combine together and result in the full scale IQ score.
IQ AND WINNING DISABILITY BENEFITS
The Social Security Administration recognizes that people with Intellectual Disabilities may not be able to work due to their IQ deficits. Under SSA’s Listed Impairments, Intellectual Disability is determined by listing 12.05:
WHAT IS LISTING 12.05?
Intellectual disorder refers to significantly subaverage general intellectual function. Those intellectual deficits cause problems with adaptive function. Therefore, they usually begin in childhood during the developmental period. The medical evidence you give to the SSA must also show that the onset of your intellectual condition started before you were 22 years old.
Listing 12.05 has two parts, Part A or Part B. You can win benefits if you meet either Part A OR Part B. Under Part A, you need to have all three of the elements you see below. Part A describes the person with the most severe intellectual condition, because they cannot participate in testing. Normally, if a person meets Part A, they would be dependent on their family since birth. It is more common for those filing for benefits to win benefits under Part B of the listing.
12.05 Intellectual disorder, satisfied by A or B:
- Satisfied by 1, 2, and 3:
- Significantly subaverage general intellectual functioning evident in your cognitive inability to function at a level required to participate in standardized testing of intellectual functioning; and
- Significant deficits in adaptive functioning currently manifested by your dependence upon others for personal needs (for example, toileting, eating, dressing, or bathing); and
- 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.
OR
- Satisfied by 1, 2, and 3:
- Significantly subaverage general intellectual functioning with 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
- Significant deficits in adaptive functioning currently manifested by extreme limitation of one, or marked limitation of two, of the following areas of mental functioning:
- 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.
- Significantly subaverage general intellectual functioning with a or b:
VOCATIONAL CONSIDERATIONS FOR INTELLECTUAL DISABILITY
Most of the people whose testing falls below 70 are in the bottom 10% of “general learning ability.” This is a term used by the SSA to determine if a person can work. If your IQ is in the bottom 10% of general learning ability, then you are unable to work at any job in the national economy.
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 at your hearing. Find out about the medical expert at your Social Security hearing.
Many experts and judges ignore the fact that low IQ can prevent you from working. If you are seeking SSDI and SSI benefits and have valid IQ testing from a psychologist that falls within the above ranges, then you should contact our office. Chances are you are eligible for Social Security benefits.
We can help you file your SSDI and your SSI claim. You can file your application online on Social Security’s website. Additionally, children with intellectual disabilities may also be eligible for Supplemental Security Income. Find out how to file for children’s SSI benefits.
Additionally, along with SSI benefits, you may qualify for Medicaid benefits. Medicaid pays health bills for low income families. Find out information about Medicaid benefits.
LOW IQ MUST EXIST PRIOR TO AGE 22 TO QUALIFY FOR DISABILITY BENEFITS
In order to be qualify for benefits, the SSA requires your intellectual disorder to start before the age of 22. Normally, if you have an intellectual disorder you will have records proving your condition.
For example, you may have been in “special education” or resource classes while in school. You may have records from a tutor or IQ tests from childhood. You might have been in a special school to help you learn. A copy of your report card from grade school or high school can help your case. Or, there may be medical records from your doctor that confirm your intellectual disorder.
Even if you do not have this evidence, there are federal court cases which state if a person has evidence of cognitive limitations on an IQ test as an adult, then it is up to the SSA, to prove she did not have these limitations before age 22. Talavera v. Astrue, 697 F.3d 145 (2d Cir. 2012).
Courts of Appeals in other Circuits have held that “absent evidence of sudden trauma that can cause retardation, the adult claimant’s IQ tests create a rebuttable presumption of a fairly constant IQ throughout her life.” Hodges v. Barnhart, 276 F.3d 1265, 1268 (11th Cir. 2001); see also Muncy v. Apfel, 247 F.3d 728, 734 (8th Cir. 2001).
INTELLECTUAL DISORDER AND ADAPTIVE FUNCTIONING
When you apply for benefits, the SSA will also look at whether you have significant deficits in “adaptive functioning.” Adaptive function, especially after age 22, shows the ability to engage in work. At least according to the SSA.
The SSA states that adaptive function refers to how you learn and use conceptual, social, and practical skills in dealing with common life demands. It is how you typically function at home and in the community. When you are alone or among others. You have trouble in this area when you depend on other people to care for you personal needs. For example, you may have problems taking care of yourself. You may need help from others to cook, shop, drive, or clean. You may also need reminders to bathe. Or, you may need help paying your bills.
You may also need help getting or following directions. It can be very hard for people with a low IQ to learn to read or do math. You might need help reading your mail or filing your taxes. IQ issues can also occur in other neurological disorders.
Other examples include problems learning in school. Or, learning to drive. Typically, if you have a low IQ, you may have problems finding and keeping a job. In order to keep a job, you might need a job coach. Likewise, you might have a history of losing jobs after a short period of time. When the SSA looks at this area, they do not rely on your statements alone. They will review any doctors statements. However, they will also review statements from your family, friends, and teachers.
THE PART B CRITERIA FOR IQ AND SSD BENEFITS
The SSA requires you to have an extreme limitation in one of the following areas of mental function or a “marked” limitation in two of the following areas:
- Understand, remember, or use information (use judgment, plan, learn new things, apply new knowledge to tasks, understand instructions)
- Interacting with others (ability to use socially appropriate behaviors)
- Concentration, persist, or maintain pace (ability to complete tasks), and/or
- Taking care of oneself (knowing the difference between acceptable and unacceptable work performance, wearing appropriate attire to work, and being careful around hazards).
Find out about the medical records you need to prove disability to the SSA.
MORE INFORMATION ABOUT THE PART B IQ CRITERIA
PARAGRAPH B1 – UNDERSTAND, REMEMBER, OR APPLY INFORMATION.
This area of mental function refers to your ability to learn, recall, and use information at work. Examples include understanding and learning terms, instructions, and procedures. You must be able to follow one or two step oral instructions to carry out tasks. Also, you must be able to describe work activity to someone else and ask and answer questions at work.
Additionally, you need to recognize when you have made a mistake and correct it. Work also requires the ability to solve problems and do multiple steps in order. You must use reason and judgment to make work decisions. These examples show the nature of this area of mental function. You can see how problems with IQ can impact these areas of work. However, the SSA does not require evidence for all of the examples.
PARAGRAPH B2 – INTERACT WITH OTHERS
This area of mental function refers to the ability to relate to and work with supervisors, other workers, and the public. For instance, if you have mental health issues you may have trouble with cooperation. Additionally, you may also have problems asking for help or handling conflicts.
PARAGRAPH B3 – CONCENTRATE, PERSIST OR MAINTAIN PACE
This area of mental function refers to your ability to focus attention on work activities and stay on task at a normal rate. Examples include starting and performing tasks that you understand and know how to do. Also, working at an appropriate and consistent pace and being able to complete tasks in a timely manner. It means you can also ignore distractions while working. You should also be able to change activities or work tasks without bothering others.
PARAGRAPH B4 – ADAPT OR MANAGE ONESELF
This area of mental function refers to your ability to regulate your emotions. You should be able to control behavior and maintain normal behavior at work. For instance, if you have mental health issues in this area then you may have problems responding to demands and changes. Additionally, you might have trouble managing your psychological symptoms. Learn information about how to use the “Part B Criteria to Win Mental Health Benefits.”
WHAT DO YOU DO IF YOU DON’T MEET THE IQ LISTING?
Even if you do not meet the IQ listing, you can still use your IQ to win benefits. One of the best things you can use from your IQ testing to prove the SSA should pay your benefits are your subtest scores. For example, if you have a low processing speed score this may show that you will not be good on the job at doing timed tasks quickly.
Likewise, a poor working memory score will show that you will not be able to remember instructions. If your boss gives you four verbal instructions, for example, you might forget two of them. Or, you may not be able to remember your instructions and have to ask for help over and over during the workday.
These are the types of facts that an attorney with experience knows from reading your IQ tests. Your attorney can use your IQ tests at the hearing to show why you cannot work. IQ scores are part of your residual functional capacity (RFC). Your RFC impacts your SSDI and SSI case at step four of the SSD review process.
For instance, at your hearing, your attorney can question the VE using your IQ scores. If you have poor subtest scores, then it is possible for your attorney to prove you cannot perform skilled work jobs. Find out about the purpose of vocational expert testimony.
WHAT WE DO TO HELP YOU WIN YOUR BENEFITS
You do not need to try to win SSDI and SSI benefits by yourself. Cannon Disability Law can help file your disability application. Also, we can help you appeal every SSA denial. That way, you can focus on your health. For example, our attorneys and staff can:
- Send you the paperwork you need to become our client
- Help you file your application for SSDI and SSI benefits
- Inform the SSA they should pay your benefits under the Compassionate Allowance Rules
- File an appeal if you receive an initial denial
- Help you confirm your attendance at a free SSA doctor exam
- Request a Hearing with an Administrative Law Judge (ALJ)
- Prepare you to testify at your SSA hearing
- Represent you at your hearing and question the experts
- Read about the testimony of the job expert
- Learn about medical expert testimony
- Request review of a 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. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign it and mail it back.
Additionally, once you receive a denial, you have 60 days to file an appeal. You must also meet the time limit set by the SSA. If you do not, then you will have to start the process over again. That means you will lose any benefits you could receive on any prior application.
WE CAN HELP YOU WIN IQ DISABILITY BENEFITS
At our SSD law firm, we have won over $100 million dollars in ongoing and past due benefits. We have the experience to win your IQ case. No matter where you live, we can help you, because we have clients in Utah. Read about Utah SSD benefit information. Likewise, you can learn about Nevada SSD benefits and California SSD benefits.
Find out about our lawyers. Dianna Cannon has been helping clients win SSD benefits or 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 SSD benefits.
Furthermore, our attorneys understand the law. We will use our legal knowledge to help you. Also, we have helped thousands of people with IQ issues who cannot work win benefits. Contact us today to hire an SSD attorney with the experience to win your benefits.
HOW WILL YOU PAY THE ATTORNEY FEE?
We will use our legal skills to help you through the five step SSD review process. It is our goal to win your Social Security benefits in your IQ case. It is also our goal to make filing for SSD and SSI benefits easier for you. We offer a free review of your case. If you call, then there is no obligation to become our client. You can simply ask questions. We will answer. Even if we don’t accept your case, we will still try to help you.
Also, it doesn’t cost you any upfront money to hire us. Why? Because you only pay us an attorney fee if we win your case. This means if we win, then you pay us out of your past due SSD benefits. If you do not win, you do not pay an attorney fee.
How much is the attorney fee? It is 25% of your back benefit. The SSA pays the attorney fee. Also, there is a fee cap set at $9200 by the SSA. You never pay more than the fee cap at the hearing stage of your case. And, 25% of your back benefit is usually less than the fee cap. You will pay whatever amount is less between the two and only if we win your case.
CONTACT US FOR YOUR FREE REVIEW OF YOUR IQ AND SSD BENEFITS
At the end of your IQ benefits case, if there are costs, then you pay those costs. Usually, if a doctor charges for copies of your medical records, then that is your bill to pay. But for most clients, the medical records cost less than $100. You will owe the costs in your case whether we win or lose. Unfortunately, it costs money to get copies of your medical records.
Whether we win or lose your case, you must pay your own costs. However, you only pay an attorney fee if we win your case. The attorney fee comes from your back benefit. Remember, you only owe an attorney fee, if we win your benefits. If we do not win your benefits, then you will not owe any attorney fee.
Hiring an attorney with the experience to win your SSDI and SSI case is the best way to help yourself. Contact us today. Take advantage of our free review or your case.
Find out about our lawyers and staff on our About Us page. We want to be your legal team. We also want to help you through this difficult process. Let us help you win your SSDI and SSI benefits for IQ issues.
