Social Security Disability: New Listings for Intellectual Disorders

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SSA recently updated their mental health listings to include changes to how certain listings are addressed and the addition of brand new listings for mental health impairments that had previously been considered under different categories. One of the changes to the listings is the way in which SSA evaluates claims that include intellectual disability. Listing 12.05 covers intellectual disability. Where it was previously broken down into four parts, the new Listing 12.05 has two parts. The following is the new text of the Listing:
12.05 Intellectual disorder (see 12.00B4), satisfied by A or B:
Satisfied by 1, 2, and 3 (see 12.00H):
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 your attainment of age 22.
OR
Satisfied by 1, 2, and 3 (see 12.00H):
Significantly subaverage general intellectual functioning evidenced by 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 accompanied by 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:
Understand, remember, or apply information (see 12.00E1); or
Interact with others (see 12.00E2); or
Concentrate, persist, or maintain pace (see 12.00E3); or
Adapt or manage oneself (see 12.00E4); 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 your attainment of age 22.
Listing 12.05A addresses individuals whose intellectual functioning is of such a subaverage level that they are not able to complete standardized IQ testing or complete basic daily activities independently. Listing 12.05B is less stringent, with an IQ range up to 75. However, the new Listing 12.05 takes into consideration the evaluation of domains such as understanding, remembering, and applying information, interacting with others concentration, persistence, and pace, and adapting or managing oneself, and specifies that an individual must have an extreme limitation in one domain or a marked limitation in two domains to meet Listing 12.05. An individual must also exhibit deficits in adaptive functioning and evidence that the impairments manifested prior to age 22, i.e., enrollment in special education, if the individual did not finish school, in ability to read or write to age-appropriate levels, and so on.