Social Security and Learning Disabilities
Individuals with learning disabilities can struggle to find and keep jobs, due to problems with memory, attention, and intellectual ability. Under Social Security law, learning and intellectual disabilities are considered alongside physical and mental health problems. Medical Listings 12.05 and 112.05 address intellectual disabilities in adults and children. Listing 12.05 is met when there is evidence (before the age of 22) of either:
- Mental incapacity that prevents independent living and self-care, along with an inability to follow directions to the point that intellectual testing cannot be performed; or
- A valid verbal, performance, or full scale IQ of 59 or less; or
- A valid verbal, performance, or full scale IQ of 60 to 70, along with evidence of another physical or mental impairment that imposes additional and significant limitations; or
- A valid verbal, performance, or full scale IQ of 60 to 70 that results in marked restrictions in activities of daily living, social function, concentration, persistence, and pace, or repeated episodes of decompensation.
If these criteria are met, Social Security should find that the individual is disabled.
However, even if an individual does not meet Medical Listing 12.05 or 112.05, learning disabilities can still be the basis for a Social Security Disability or SSI claim. Intellectual and learning disabilities also can be difficult to talk about. At McCroskey Law, we realize that some of our clients would rather not bring up their history of special education, or problems with math and literacy.
When you meet with a McCroskey Law attorney, you will undergo a detailed interview. Your lawyer will ask you about your educational history and abilities. We don't ask these questions to make you feel uncomfortable. We ask them because we need to understand your situation, and give you the best chance of winning your Social Security claim.