Is Listing 12.05 still a viable theory for a Social Security Disability allowance?

soicalsecuritydisabilitylawDespite Social Security’s Listing 12.05 specifically dealing with Intellectual Disability, it seems more and more Administrative Law Judges (ALJs) either dismiss this listing or find ways around providing an allowance under it. The Social Security Disability Attorneys (Columbus, GA) of Carmichael Law Group LLC are pleased to report that in Turner v. Colvin, the United States District Court, for the Middle District of Alabama recently agreed with our position that the ALJ erred in his evaluation of Listing 12.05.

In determining the ALJ failed to perform any analysis with respect to the introductory paragraph, the Turner Court noted that “the Commissioner asserts that Plaintiff did not meet the requirements of the introductory paragraph and invites the court to analyze the ‘overall record’ and make the introductory paragraph determination. The court could just as easily infer from the ALJ’s opinion that because she evaluated the requirements of paragraphs A, B, C, and D that the ALJ found that Plaintiff met the requirements of the introductory paragraph.” As such, the Turner Court held that the ALJ erred in his determination that Plaintiff did not prove his impairments met Listing 12.05(C).

We are very pleased of the Turner Court’s opinion in favor of our client and look forward to advocating on his behalf at a new administrative hearing.  We also invite any questions or comments regarding the evaluation of Listing 12.05.