Popp v. Heckler
| Decision Date | 13 January 1986 |
| Docket Number | No. 85-3508,85-3508 |
| Citation | 779 F.2d 1497 |
| Parties | , Unempl.Ins.Rep. CCH 16,538 Kenneth E. POPP, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee. NonArgument Calendar. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Clifford M. Farrell, Columbus, Ohio, for plaintiff-appellant.
Lynne L. England, Asst. U.S. Atty., Tampa, Fla., for defendant-appellee.
Appeal from the United States District Court for the Middle District of Florida.
Before GODBOLD, Chief Judge, RONEY and ANDERSON, Circuit Judges.
Kenneth Popp appeals from an order of the district court affirming the Secretary's denial of his claim for disability insurance benefits. On appeal, Popp specifically contends that the Secretary erred in applying the regulations regarding to mental retardation.
Popp filed an application for disability benefits in November 1981, alleging that he had been disabled due to degenerative arthritis and cervical/lumbar disc disease since April 1981. In March 1982, it was determined that Popp had been disabled from April 30, 1981. In May 1982, Popp was notified by the Secretary that, based upon new and material evidence received, his case had been reopened and a revised determination had been made that Popp had not been disabled for any continuous period of twelve consecutive months and was not disabled. This revised determination on Popp's application reversed the earlier decision. Popp requested and received a hearing before an administrative law judge ("ALJ") which was held in April 1983.
At the time of the hearing, Popp was a twenty-nine year old man who held a two-year college associates degree and was enrolled in a third year of college as a history major. From 1972 through 1976, Popp worked as an administrative clerk in the Army. After discharge, he was employed at a VA hospital as a statistical clerk. Other later jobs included work as a postal clerk, soil testing technician, cashier, and algebra teacher at a private school for grades ten through twelve. A vocational report completed by Popp indicated that his past work involved considerable technical knowledge and skills in the use of various machines, tools, and equipment as well as responsibilities for the completion of various reports.
After the hearing before the ALJ, a psychological evaluation of Mr. Popp was conducted in May 1983. The psychologist administered a Bender Motor Gestalt Test, a Wexler Adult Intelligence Scale-Revised ("WAIS-R") Test, and a Minnesota Multiphasic Personality Inventory ("MMPI"). On the WAIS-R, Popp earned a full scale IQ of 73, a verbal IQ of 79, and a performance IQ of 69. The results of the personality testing (MMPI) could not be considered valid because the "values of scores obtained suggests that Mr. Popp attempted to appear in a very unfavorable light." Record, vol. 2 at 261. The psychologist concluded that Popp did not suffer from an organic impairment, though he was functioning "within the Borderline range of measured intelligence." Id.
Popp asserts that he meets the requirements of Listing 12.05(C) of 20 C.F.R. Part 404, subpart P, Appendix 1 (1985). A person with an impairment which is listed in Appendix 1 will be found disabled without consideration of age, education or work experience. 20 C.F.R. Sec. 404.1520(d) (1985). Listing 12.05 provides:
12.05. Mental retardation. As manifested by ...
(C) IQ of 60 to 69 inclusive (see 12.00B4) and a physical or other mental impairment imposing additional and significant work-related limitation of function.
Listing 12.00B4 begins:
(4) Mental retardation denotes a lifelong condition characterized by below-average intellectual endowment as measured by well standardized intelligence (IQ) tests and associated with impairment in one or more of the following areas: learning, maturation, and social adjustment. The degree of impairment should be determined primarily on the basis of intelligence level and a medical report. Care should be taken to ascertain that test results are consistent with daily activities and behavior.
The listing further provides that the WAIS test is a well standardized comprehensive intelligence test appropriate to such determination. In addition, it provides that, where more than one IQ level is derived from the testing, e.g., verbal, performance and full IQ's from WAIS testing, the lowest of these should be used in conjunction with 12.05.
It is clear that Popp's performance IQ of 69, if believed, should be the IQ score used in applying Listing 12.05(C). See, e.g., Edwards by Edwards v. Heckler, 755 F.2d 1513, 1515 (11th Cir.1985); Ambers v. Heckler, 736 F.2d 1467, 1470 (11th Cir.1984); Edwards v. Heckler, 736 F.2d 625, 629 (11th Cir.1984). Popp asserts that, because his performance IQ was within the range provided for in Listing 12.05(C), the ALJ should have considered whether another impairment was present which would satisfy Listing 12.05(C). In fact, the ALJ found the results of the tests incredible and did not carry out the analysis that Popp suggests.
The issue to be resolved by this court is whether the ALJ may find the results of an...
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Gilliard v. Berryhill
...be conclusive proof of mental retardation." Powell v. Barnhart, 2005 WL 1926613, at *4 (W.D.Va. Aug. 9, 2005) (citing Popp v. Heckler, 779 F.2d 1497, 1499 (11th Cir. 1986)). In Hancock, the Fourth Circuit held that "an ALJ has the discretion to assess the validity of an IQ test result and i......
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Richardson v. Colvin
...work history or educational background . . . supports an I.Q. so low as to reflect mild mental retardation."); Popp v. Heckler, 779 F.2d 1497, 1499-1500 (11th Cir. 1986) (finding a claimant's IQ scores were properly discredited where the scores were inconsistent with the claimant's college ......
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Woods v. Saul, CIVIL ACTION NO. 2:19-01122-N
...daily activities and behavior." Lowery v. Sullivan, 979 F.2d 835, 837 (11th Cir. 1992). For instance, in Popp v. Heckler, 779 F.2d 1497, 1499 (11th Cir. 1986) (per curiam), the Eleventh Circuit upheld a determination that the claimant's intellectual impairments were not disabling "where the......
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Baszto v. Michael J. Astrue Comm'r Of Soc. Sec.
...by substantial evidence, but not questioning the fact-finder's role in determining the validity of IQ scores); Popp v. Heckler, 779 F.2d 1497, 1499 (11th Cir.1986) (finding the ALJ's rejection of the Plaintiff's low IQ scores proper where the Plaintiff was close to completing a bachelor's d......
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Issue Topics
...there was substantial evidence in the record to support the ALJ’s finding that the claimant was not mentally retarded. Popp v. Heckler , 779 F.2d 1497, 1499-500 (11th Cir. 1986). Despite his IQ of either 69 or 73 (based on more than one test), the claimant was close to completing the requir......
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Issue topics
...there was substantial evidence in the record to support the ALJ’s finding that the claimant was not mentally retarded. Popp v. Heckler , 779 F.2d 1497, 1499-500 (11th Cir. 1986). Despite his IQ of either 69 or 73 (based on more than one test), the claimant was close to completing the requir......
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Issue topics
...there was substantial evidence in the record to support the ALJ’s finding that the claimant was not mentally retarded. Popp v. Heckler , 779 F.2d 1497, 1499-500 (11th Cir. 1986). Despite his IQ of either 69 or 73 (based on more than one test), the claimant was close to completing the requir......
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Table of Cases
...205.2, 205.5, 601.1, 802, 1205, 1317.1, 1601.2 Poppa v. Astrue , 569 F.,3d 1167 (10th Cir. May 27, 2009), 10th-09 Popp v. Heckler , 779 F.2d 1497, 1499 (11th Cir. 1986), §§ 312.9, 312.12, 1107.11 Porch v. Chater , 115 F.3d 567, 570-72 (8th Cir. 1997), §§ 107.1, 107.9, 205.2, 205.6, 205.12, ......