Alicea v. Commissioner of Social Security, 2:13-cv-00300

Plaintiff Christine Alicea applied for disability benefits, SSI, and child benefits alleging disability beginning in 1983 at age seven.
Medical records show borderline intellectual functioning, polysubstance abuse disorder, and major depressive disorder with psychotic features.
ALJ determined on January 24, 2012 that Alicea was not disabled through that date and did not meet Listing 12.05(C).
Magistrate Judge Abel issued a Report and Recommendation on January 17, 2014 recommending affirmance; Alicea filed objections January 24, 2014.
Court reviews the R&R de novo and considers substantial evidence supporting the ALJ’s decision and the applicable legal standards.
Court adopts the R&R in part, overrules Alicea’s objections, and affirms the Commissioner's decision, finding no adaptive deficits before age 22.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Listing 12.05(C) require a mental retardation diagnosis?	Alicea argues no diagnosis is required.	Colvin/Agency argues diagnosis is required.	12.05(C) does not require a diagnosis; still requires adaptive deficits.
Is an IQ score before age 22 required to satisfy 12.05?	Not required.	Not explicitly required but must be supported by adaptive deficits.	IQ score before 22 not required; adaptive functioning evidence needed.
Should Dr. Radio’s assessment have controlling weight?	Dr. Radio’s assessment should have controlling weight.	Court may assign lesser weight based on subsequent improvement.	Dr. Radio’s later assessment given less weight; ALJ’s weighing consistent.

Sheeks v. Comm'r of Soc. Sec. Admin., 544 F. App'x 639 (6th Cir. 2013) (borderline intellectual functioning can under 12.05(C) despite lack of mental retardation diagnosis)
West v. Comm'r of Soc. Sec., 240 F. App'x 692 (6th Cir. 2007) (pre-22 adaptive deficits required for 12.05; IQ not sole criterion)
Ealy v. Comm'r of Soc. Sec., 594 F.3d 504 (6th Cir. 2010) (standard of review for substantial evidence)