Hancock v. Astrue
667 F.3d 470
| 4th Cir. | 2012Background
- Hancock filed a 2004 SSI application alleging physical and mental disability.
- SSA denied; ALJ denied; Appeals Council denied; district court affirmed Commissioner’s denial.
- ALJ found severe impairments: low back pain from degenerative disc disease, prior MI, mild mental retardation, depression with anxiety.
- Step 3: no listing impairment; Steps 4-5: Hancock unable to return to past work but other jobs exist.
- Hancock challenges Listing 12.05C (Prongs 1-3), focusing on Prongs 1 and 2; Prong 3 conceded.
- IQ testing: Dr. Appollo reported Verbal 66, Performance 67, Full Scale 63, but no validity attestation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prong 2 of Listing 12.05C. | Hancock argues IQ scores are valid and supportive. | ALJ properly discredited IQ scores due to lack of validity and inconsistency with functioning. | No reversible error; substantial evidence supports rejection of IQ scores. |
| Prong 1 deficits in adaptive functioning. | Hancock contends evidence shows adaptive deficits pre-age 22. | ALJ found no adaptive-functioning deficits supported by evidence. | Substantial evidence supports no deficits in adaptive functioning. |
Key Cases Cited
- Murphy v. Bowen, 810 F.2d 433 (4th Cir. 1987) (ALJ may weigh conflicting IQ evidence)
- Lowery v. Sullivan, 979 F.2d 835 (11th Cir. 1992) (valid IQ score need not be conclusive)
- Popp v. Heckler, 779 F.2d 1497 (11th Cir. 1986) (test results must align with daily activities)
- Hunter v. Sullivan, 993 F.2d 31 (4th Cir. 1992) (burden in Step 3 to satisfy 12.05)
- Johnson v. Barnhart, 434 F.3d 650 (4th Cir. 2005) (substantial evidence standard in SSA review)