MENTAL RETARDATION OR DELAYED DEVELOPMENT


MENTAL RETARDATION AND SOCIAL SECURITY DISABILITY BENEFITS

May a person obtain Social Security disability or SSI benefits on the basis of mental retardation?
Yes. Mental retardation or developmental delay is covered under Section 12.05 of the Social Security disability handbook [CFR 404, Subpart P, Appendix I].

If the claimant has a valid full scale, verbal or performance IQ score of 59 or less, (s)he will generally be found disabled. (The lowest subscore of an IQ test may be used to meet this requirement).

When an individual's lowest IQ score ranges from 60 through 70 there must exist additional marked limitations of function to warrant a finding of disability. In short, the IQ score alone will not be sufficient for a finding of disability.  With a score below 60, that alone will usually suffice for a disability finding.

My experience has been that mental retardation cases are fairly straight forward. With adequate professional evaluation and documentation, an impairment due to developmental delay or retardation can be won. Unfortunately, in my opinion, cases that should be approved right away sometimes have to go before an administrative law judge for a correct decision, resulting in an unnecessary delay.

I have had some success in having denials overturned by reviews below the hearing level in cases where egregious errors were obviously made in the initial decision.  The most important thing to remember is that you only have 60 days from the initial decision to request a hearing.  After 60 days you must start all over.

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