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Old 10-08-2014, 06:53 AM
LIT LOVE LIT LOVE is offline
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Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
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Quote:
Originally Posted by Rayandnay View Post
Is there a difference between the two? Since there is no test to prove malingering, is it admissible in hearing?
If you purposefully underperformed in order to strengthen your SSDI application, that's pretty much the definition of malingering.

"Malingering is a term used to describe individuals who intentionally pretend to have, or grossly exaggerate, physical or psychological symptoms for their own gain."

http://oig.ssa.gov/sites/default/fil...8-13-23094.pdf


"How to identify a malingerer

Patients who exaggerate illnesses often demonstrate signs of suspicious behavior. Physicians can detect such false conditions by observing how patients act.

Obtain and review past records. Physicians should check documents that relate to prior claims and medication history to determine if a patient's background is being presented accurately. Refusal to release medical history suggests that the patient may be hiding information.

Check for consistency. Doctors should repeat questions to a patient to observe whether the patient's statements remain congruent. Consistency of both presentation during the visit and over time should be evaluated.

Use tests and questionnaires. Established tests provide doctors with standardized data to measure if a patient's result or response is unusual compared with most cases. Doctors interested in such testing tools can find a specialist to help in the evaluation if necessary.

Focus on facts. When interacting with legal or criminal claims, physicians might feel pressured to give opinions. Instead, they should concentrate on factual information from the patient's visit such as test results.

Check past compliance. Physicians should review a patient's prior adherence with medical treatment and cooperation to take tests. Lack of compliance could be a red flag.

Look at social history. Reviewing past occupational or social functioning can help doctors determine what's behind a patient's behavior. For example, a history of multiple lawsuits, legal difficulties or workplace conflict may suggest purposeful intent or malingering."

http://www.amednews.com/article/2012...n/309109942/4/

Just because SS no longer tests specifically for malingering, both doctors (like I posted above) and SS staff will have procedures to identify malingering applicants. Experienced ALJ's will review your application, medical records, prior testimony and ask new questions to determine if you are malingering. Or, as SS states:
"We do not give greater weight to a test than to other symptom validity factors." http://oig.ssa.gov/sites/default/fil...8-13-23094.pdf

Please call your attorney and notify him/her of your situation if you did not give your best effort for this past test and/or the one in 2009, or with any other part of your application, so that the issue can be addressed prior to your ALJ hearing.

You have a fairly low standard to qualify for SSDI based upon your age and the grid rules, and with a fair ALJ scheduled for your upcoming hearing, the main way to sabotage your approval would be to have her question your credibility.
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