Phillips v. Colvin’s Empirical Analysis

Citation profile

2 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “D. Determining Medical Equivalence in Particular Situations 1. MEDICAL EQUIVALENCE AND MENTAL RETARDATION Listing 12.05C, Mental Retardation and Autism, applies primarily to adults with significantly subaverage intellectual functioning and deficits in adaptive behavior that were initially manifested in the individual’s developmental period (before age 22). As with other mental impairment categories, the focus of Listing 12.05 is on the individual’s inability to perform and sustain critical mental activities of work. c. 12.05 C Listing 12.05 C is based on a combination of an IQ score with an additional and significant mental or physical impairment. The criteria for this paragraph are such that a medical equivalence determination would very rarely be required. However, slightly higher IQ’s (e.g., 70-75) in the presence of other physical or mental disorders that impose additional and significant work-related limitation of function may support an equivalence determination. It should be noted that generally the higher the IQ, the less likely medical equivalence in combination with another physical or mental impairment(s) can be found. POMS § DI 24515.056 (emphasis added).”

   1 later decision quote this exact passage · from the majority
   e.g. Hesseltine v. Colvin

2. “acceptable medical sources” under 20 C.F.R. § 404.1513 (a)(2). 2 . When Hesseltine was eight years old she received a full scale IQ score of 70, which would place her within the limits of Listing 12.05C. Under SSA regulations, however, this score is outdated and her more recent scores must be used for determining her IQ (which ranged from 71 to 79 from 2005 to 2012). See 20 C.F.R. § 404 , Subp. P, App. 1, § 112.00(D)(1) (”

   1 later decision quote this exact passage · from the majority
   e.g. Hesseltine v. Colvin