Listing 12.05 covers intellectual disorders—formerly referred to as intellectual disability or, in older terminology, mental retardation. The Social Security Administration (SSA) uses this listing to quickly identify claimants whose significantly below-average intellectual functioning and deficits in adaptive functioning meet or exceed the specified threshold for disability at Step 3 of the sequential evaluation. Essentially, the listing requires evidence of subaverage intellectual functioning and significant adaptive difficulties in everyday life that began before adulthood.
Listing 12.05
12.05 Intellectual disorder (see 12.00B4), satisfied by A or B:
A.
Satisfaction of both 1 and 2:
- 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
2. Dependence upon others for personal needs (for example, toileting, eating, dressing) in excess of age-appropriate dependence, and inability to follow directions such that the use of standardized measures of intellectual functioning is precluded.
OR
B.
Satisfaction of both 1 and 2:
- Significantly subaverage general intellectual functioning evidenced by a or b:
a. A full scale (or comparable) IQ score of 70 or below on an individually administered standardized test of general intelligence; or
b. 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 your dependence upon others for personal needs (for example, toileting, eating, dressing), in excess of age-appropriate dependence, and inability to follow directions, such that you cannot function at a level required to maintain a safe or independent lifestyle.
Defining Key Medical and Technical Terms
- Significantly Subaverage General Intellectual Functioning: This typically means an IQ around 70 or below, but the listing itself leaves room for testing complications or other indicators when standardized testing is impractical.
- Adaptive Functioning: Refers to a person’s ability to handle daily tasks and responsibilities (e.g., personal hygiene, communication, basic social skills, and household management) at an age-appropriate level.
- Individually Administered Standardized Test of General Intelligence: Examples include the Wechsler Adult Intelligence Scale (WAIS) or the Stanford-Binet test, administered one-on-one by a qualified psychologist.
- Dependence on Others: Needing help that goes beyond what’s typical for one’s age, such as needing supervision for personal hygiene, reminders to eat, or step-by-step guidance for dressing.
Quick-Reference Checklist
- Diagnosis or Indication of Intellectual Disorder
- Ideally, documented by a psychologist or psychiatrist, with relevant developmental history.
- Evidence of Significantly Subaverage Intellectual Functioning
- Listing 12.05A: Claimant cannot even participate in standardized testing due to profound cognitive limitations; or
- Listing 12.05B: IQ testing (e.g., WAIS) showing a Full-Scale IQ of 70 or below, or 71–75 if accompanied by another sub-score at or below 70.
- Deficits in Adaptive Functioning
- Proof of excessive reliance on caregivers for basic tasks (e.g., feeding, dressing, bathing).
- Inability to follow directions, stay safe independently, or handle routine daily living tasks.
- Onset Before Adulthood
- The listing presumes or requires evidence that the intellectual disorder began prior to age 22.
- 12-Month Duration
- As with any disability, must last (or be expected to last) a minimum of 12 months.
Tips and Recommended Medical Evidence
- Formal IQ Test Results
- WAIS-IV is a common measure; ensure it’s administered by a licensed psychologist.
- If the claimant can’t complete such testing, get detailed psychological reports explaining why, plus other objective indicators of severe intellectual limitations.
- Developmental and School Records
- Past evaluations from special education programs, Individualized Education Program (IEP) documents, or earlier IQ tests can show onset before age 22.
- Adaptive Functioning Assessments
- Vineland Adaptive Behavior Scales or Adaptive Behavior Assessment System (ABAS) results can quantify deficits in daily living and social skills.
- Third-Party Statements
- Family members, caregivers, or group home staff can detail how much help the claimant needs for personal care, meal prep, or even simple travel.
- Clinical Observations
- Notes from treating psychologists or psychiatrists describing the claimant’s communication ability, comprehension, and behavioral responses in everyday settings.
- Consistency Over Time
- Show a pattern of intellectual and adaptive deficits across multiple records, not just in a single snapshot.
Key Takeaways
- Listing 12.05 focuses on intellectual disability with significant limitations in daily functioning.
- The listing has two subsections (A or B), either of which can qualify the claimant at Step 3 of the sequential evaluation.
- Evidence must support both low intellectual functioning and marked deficits in adaptive behavior—with onset before adulthood (age 22).
By gathering valid IQ tests, adaptive functioning assessments, developmental records, and detailed third-party statements, a Social Security Disability lawyer can build a compelling case that your client’s intellectual disorder meets Listing 12.05.
Sources & Date of Last Amendment
- Source of Listing Text: 20 C.F.R. Part 404, Subpart P, Appendix 1 (Listing of Impairments)
- Major Revisions Effective Date: January 17, 2017, as published in Federal Register 81 FR 66138 on September 26, 2016. No further substantive updates have been made to Listing 12.05 since that date.