mental impairment

Intellectual Disability and the Death Penalty in Arizona

Q: Can an intellectually disabled person be executed in Arizona?

Phoenix disability benefits attorneys help those suffering from physical or mental impairments access the federal government benefits they deserve.

The Social Security Administration (“SSA”) offers two different disability benefits programs: Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”). While both programs’ qualifications criteria are very different, they do share the requirement that an applicant for benefits meet the federal government’s definition of being “disabled”. To qualify for disability benefits, the applicant must suffer from a physical or mental impairment that prevents engaging in substantial gainful activities and that has lasted, or is expected to last, for 12 months or more or will result in death.

The SSA uses its guide, the Blue Book – – a comprehensive list of physical and mental medical conditions– – and the patient’s personal medical history when determining whether a client is “disabled”. The list is comprehensive but not all-encompassing as conditions not included may still qualify an applicant for benefits.

As the evaluation process of mental illness is more subjective due to fewer standardized assessment tests, it can be more challenging for these applicants to meet the “disabled” criteria than their counterparts with physical impairments.

Reasons disability claims for mental illnesses get denied

Depending on the particular impairment and the applicant afflicted, the symptoms of some mental conditions may present inconsistently, giving the false impression of improvement. Other reasons mental illness-based claims may be denied include:

  • treatment notes by health mental health professionals lack sufficient detail of the condition;
  • failure of the applicant to follow doctor’s orders, such as taking prescribed medication for the mental condition;
  • lack of duration–where the mental condition hasn’t yet lasted (or is not expected to last) for at least one year.

Having the right attorney and doctor in your corner is important not only in securing disability benefits but, in the case of intellectual disabilities, it could literally save your life.

Recently, sentencing procedures in a high-profile Phoenix murder case made headlines. The dispute involved whether prosecutors could seek the death penalty against an intellectually disabled man charged with the murder of a convenience store clerk.   

According to the Arizona Supreme Court, the lower court judge—who barred the prosecution from seeking the death penalty on intellectual disability grounds– needed to look beyond just the man’s “life skills” and must now also “assess how [his] intellectual deficits affected his ability to meet the standard of personal independence and social responsibility for a person of his age and cultural background”. Defense counsel reportedly expressed confidence that their client will also satisfy these additional criteria and be exempt from execution.

Loved ones of those suffering from intellectual disabilities and/or mental illnesses may understandably worry about whether they could be subjected to the death penalty for committing an offense that they lacked the capacity to fully, or even partially, understand. The fact that the execution of intellectually disabled people has been barred since 2002 by the United States Supreme Court offers these loved ones some comfort, provided assessment criteria is met, of course.

If you or a loved one needs assistance with an initial application for disability benefits, appealing a denial of benefits, or have any other disability benefits law questions, the disability attorneys of Arizona at Roeschke Law can help you. Contact us to schedule a free consultation.

From our offices in Tempe, Phoenix, and Tucson, we represent disabled clients and their families throughout Arizona in all aspects of disability law.