Mental Retardation
The Social Security Administration very rarely pays claims based solely on mental retardation. The Government has specifically stated that in order to find someone disabled solely based on mental retardation, it must be shown that this person was retarded before the age of 22. So in essence the Social Security Administration is looking for an IQ test for the claimant that was taken prior to the age of 22. Most people alleging this impairment will not be able to meet these requirements simply because they’re not going to have an IQ test to show the mental retardation before the age of 22. If such an IQ test does exist, it will probably be in the possession of the psychologist, doctor, or school.
However, there is a certain way this impairment is used most of the time during hearings with the Social Security Administration . Most of the time the Government will acknowledge that a low IQ score will reduce the number of jobs available to the claimant . So in essence, the low IQ score is used in combination with other impairments during the Social Security hearing to prove that the person is unable to work. At a Social Security hearing involving a low IQ the following factors come into play:
- Person is limited to simple work
- Person is unable to read or write despite having gone to school for several years
- Person attended special education classes in school
- Person failed one or more grades in school
- Person has difficulty giving simple information, such as the date of birth, address, or telephone number
School records, psychological tests, doctors’ opinions, and psychologists’ opinions are all important in using a low mental capacity in presenting a case to the Social Security Administration. Evidence of failed work attempts is important. A history of many jobs in a very short period of time, with the person getting fired, can be extremely effective in persuading the Social Security Administration that there is a real impact from this impairment.
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Attorney Gregory Kornegay
Greg is a trial attorney in Wilmington with over 30 years of experience. Greg was born and raised in southeastern North Carolina. Before law school he managed a store with employees making a payroll every week. His first job out of law school was as an Assistant District Attorney investigating and trying cases for the State of North Carolina. Through the years he has handled many different types of cases – including death penalty cases.
Being married with children has been a blessing and a challenge, but has served him well in understanding the problems individuals and families face as they live out their lives. Greg believes that each case is different and the needs of each client are unique, but there are certain themes of life that we all share.
