Talavera v. Commr of Social Security
697 F.3d 145
| 2d Cir. | 2012Background
- Talavera applied for SSI disability benefits in 1999 asserting intellectual disability; SSA denied and ALJ found no per se disability under §12.05.
- Talavera completed 10 years of regular schooling, dropped out in 11th grade, and attempted a GED; later attended a year of business school.
- Talavera’s work history includes three short stints; she has not worked since 1996 after a back injury.
- Medical record evidence shows pre-2004 assessments were largely normal or non-definitive regarding intellectual disability; a 2004 IQ test showed Verbal 66, Performance 68, Full Scale 64, suggesting possible mild mental retardation, but not adaptive deficits analyzed.
- SSA concluded Talavera did not establish deficits in adaptive functioning; district court affirmed, and Talavera appealed to the Second Circuit.
- The Second Circuit held that adult IQ evidence can prima facie establish onset before age 22, but requires separate showings of adaptive functioning deficits to meet § 12.05.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does adult IQ evidence establish onset before 22? | Talavera argues adult IQ scores prove pre-22 onset. | SSA contends separate adaptive deficits are required regardless of IQ. | Yes; adult IQ evidence can prima facie show pre-22 onset. |
| Must a claimant show deficits in adaptive functioning to be mentally retarded under § 12.05? | Talavera contends IQ alone suffices under § 12.05C. | SSA requires deficits in adaptive functioning in addition to subaverage IQ. | Deficits in adaptive functioning must be shown separately. |
| Did Talavera establish qualifying deficits in adaptive functioning? | Talavera’s daily functioning was impaired by physical ailments, implying adaptive deficits. | Talavera adequately copes with daily life; no adaptive deficits established. | Substantial evidence supports no qualifying deficits in adaptive functioning. |
| Should Talavera prevail given the SSA’s interpretation of § 12.05? | If § 12.05 is satisfied, Talavera is per se disabled. | The SSA properly applied § 12.05 limitations. | Court affirms district court; Talavera not per se disabled. |
Key Cases Cited
- Hodges v. Barnhart, 276 F.3d 1265 (11th Cir. 2001) (presumption of fairly constant IQ over life)
- Muncy v. Apfel, 247 F.3d 728 (8th Cir. 2001) (IQ stability presumption supports § 12.05 analysis)
- Luckey v. U.S. Dep’t of Health & Human Servs., 890 F.2d 666 (4th Cir. 1989) (IQ stability and onset before 22 considerations)
- Guzman v. Brown, 801 F.2d 273 (7th Cir. 1986) (pre-22 onset considerations for intellectual disability)
- Novy v. Astrue, 497 F.3d 708 (7th Cir. 2007) (adaptive functioning definition and life-course perspective)
- Randall v. Astrue, 570 F.3d 651 (5th Cir. 2009) (adaptive functioning and § 12.05 analysis)
- Wall v. Astrue, 561 F.3d 1048 (10th Cir. 2009) (adaptive functioning considerations under § 12.05)
- Foster v. Halter, 279 F.3d 348 (6th Cir. 2001) (integration of IQ scores with functional deficits)