September 15, 2009

Social Security Disability and Mental Retardation

Those classified as mentally retarded can sometimes find themselves with their claim for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits denied. 

Although some of these claims may be initially denied, the Social Security Administration (SSA) does acknowledge the disabling effects of mental retardation in its listing of impairments.  Listing 12.05 Mental Retardation of the SSA’s Listing of Impairments considers the dependence upon others for personal needs, IQ scores, other impairments that may impose additional and significant work related limitations, and other marked difficulties and restrictions.

When evaluating the severity of Mental Retardation, an Administrative Law Judge (ALJ) can look at the mental residual functional capacity of the claimant.  Mental residual functional capacity is a person’s ability to perform work or work-related activities given their mental limitations. The SSA may find that activities of daily living in mentally retarded individuals are severely affected.  Social Security Disability Attorney Scott Lewis finds perseverance in these types of cases can often be beneficial.  While an individual may not fit SSA listing 12.05 exactly, adequate medical records and an understanding Administrative Law Judge can lead to a favorable result for these claimants.

If you would like more information regarding qualifying disabilities and impairments, contact Indianapolis Attorney Scott D. Lewis for a free consultation at (317) 423-8888. 

Filed under:Qualifying Disabilities and Impairments
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