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.

SO THE fact i said i did my best, means nothing, the one part of malingering is interesting, verbalizing or exaggerating your condition, i have consistent with my explanation over the last 8 and 1/2 years. maybe i am fretting over nothing. Here is nice article about these tests. Social Security Disability Claims and Medical Exams




If you have ever participated in a disability medical exam (known as a consultative exam or CE), chances are you were less than impressed with the level of attention you received. You may even have had the feeling that the doctor was merely going through the motions, and not all that sympathetic toward your condition.

Unfortunately, if this was your impression, you may not have been that far off the mark. And we'll discuss why such situations occur. Before doing that, however, some background information no why these exams are done in the first place.

Why does Social Security send people to medical exams?

Before an examiner can close a case, he or she must have recent medical information regarding your disability (meaning they must have some medical evidence in the file that is no older than the last 90 days).

For this reason, if you apply for disability and the disability examiner investigating your case finds that you have not been seen by a medical professional within the last months, or you have a condition listed on your application for disability but have not actually received treatment for it--such as depression--you will will likely be scheduled to go to an examination appointment.

Going to this appointment is not optional and if you refuse to go, or consistently miss scheduled appointments your case can be denied. Social Security will, however, reschedule you if you miss one or more appointments but have a valid reason, such as a medical emergency, transportation issues, or even getting lost on the way to the appointment.

Social Security Medical exams--which may be simple physical exams, neurological exams, appointments to have xrays done, mental status exams, memory or IQ testing, and even full psychiatric evaluations--are paid for and scheduled by the Social Security Administration.

The actual process is that a disability examiner will a) determine that an exam needs to be done and b) then ask the PRO, or professional relations office section of the DDS, or disability determination services agency, to make the appointment.

The doctors who perform consultative exams

But..these exams are not conducted by doctors who actually work for the Social Security Administration. They are physicians who are contracted to independently perform examinations and submit a report of findings.

What types of doctors agree to do examinations? Nearly all types. Social Security only requires that the doctor be a licensed physician. That said, many of the physicians who perform CEs do not have positive feelings for individuals filing for disability.

This, not too surprisingly, is revealed through the myriad complaints that claimants have about the exams they are sent to, such as "the exam was incredibly short", or "the doctor was rude", or "the doctor was condescending".

These are age-old complaints about consultative physicians. And, unfortunately, a claimant can disadvantage their case if they attempt to appear more physically able than they really are, or, when asked by the doctor about their condition, verbally play down the severity of their condition (in one sense, it is amazing that people do this, but the truth is most individuals do not want to apply for disability and, under other ideal circumstances, would be prefer to be working).

Doctors who have a bias against Social Security's disability programs, or disability claimants themselves will sometimes even go so far as to look for signs that the claimant is malingering, such as observing the claimant walking out of the office back to their car (and then write this observation in their CE report that is submitted to Social Security)

Other valid complaints about CE doctors include the fact that claimants with conditions like degenerative disc disease are sometimes sent to doctors whose specialty is completed removed from such conditions, such as gynecologists (this does happen). Also, very often the claimant will find that the examining doctor was not sent any background information by the DDS examiner to give them insight into the claimant's medical condition.

The reality of Social Security medical exams

Most disability consultative exams are scheduled, not to determine the state of the claimant’s health or even functional limitations, but as a mere formality that must be satisfied before the examiner can close the case.

So, if you haven’t seen a doctor recently, or if you haven’t ever been treated for one or more of your medical conditions, your disability examiner will most likely schedule a physical or psychological consultative exam (or both if applicable).

The effect of a Social Security Medical Exam on your case

A physical CE exam typically offers very little to your case, and will rarely be used to support a claimant being approved for disability. Of course, it’s only logical that a CE can’t be given the same weight as your entire medical history; it can only show your physical capabilities or strength at the time of the exam, and offers no real insight into your medical condition. The brief nature of the exam and the fact that the examining doctor has never met nor treated you illustrates how unlikely it is for most consultative exams to assist a person's case (nonetheless, if you are scheduled, you must go or risk being denied for failure to cooperate).

As a disability examiner, I found it exceedingly rare for a standard physical CE to have any impact on a claim, other than the fact that it provided recent medical documentation which allowed a disability decision to be made and the case to be closed.

So, is a consultative exam really nothing more than procedural formality, possibly even a sham? Well, the answer to that is, surprisingly, not necessarily.

A physical consultative exam, or CE, can provide can, in some instances provide a disability examiner with an up-to-date snapshot of the claimant's current medical condition that simply allows the examiner to go ahead with an approval when the remaining older evidence in the file is strong and validates the case.

In addition, a mental CR, meaning a psychological or psychiatric evaluation, can be critical to those seeking disability benefits on the basis of a mental impairment. Many individuals who are filing on the basis of one or more mental conditions have not received regular (if any) mental health care in the past, and the CE could be the only medical documentation or support available to the examiner working on their disability application or request for reconsideration.

The most important thing to remember about a consultative exam is that it is a tool used to further the purposes of the social security disability agency (i.e., closing cases, denying claims) rather than those of the claimant (receiving benefits).

The best thing to do is show up (as stated, failure to participate in the CE could be grounds for dismissal of your claim), and don’t worry about the results-—in most cases, they will not carry nearly as much weight as your past medical history and the observations made by your regular treating physician or medical specialist.

LIT, my attorney and i went over that stement, and that is the one thing we will address before hearing. How can you pass a test that is so hard, it is like going back to school and acing a allegebra test, but to be called a liar hurts, i did do my best. One thing about it, i will put it in God's hands and walk away.












Return to: Social Security Disability Resource Center, or read answers to Questions


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Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages answer some of the most basic questions for individuals who are considering filing a claim.

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria