Malingering Tests

Malingering tests are occasionally ordered by an ALJ as part of a psychological examination.  Such tests are inappropriate:  “You cannot prove malingering with tests; there is no test that, when passed or failed, conclusively determines the presence of inaccurate patient self-report.  Even a high likelihood of malingering does not preclude severe limitations resulting from a genuine MDI (medically determinable impairment).”   POMS DI 22510.007D.2, “CE Best Practices: When not to purchase a CE.”  Moreover, in “Disability Determination Services Administrators’ Letter No. 866 (Jan. 26, 2012), SSA instructs that if the DDS receives a request for a malingering/credibility test, “the DDS should not purchase the test. . . .”  (Information obtained from: Social Security Forum, Vol. 34, No. 4 – April 2012).

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About tngainjurylawyer
Serious Injury Lawyer in Tennessee and Georgia.

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