• Malingering and Disability Insurance Claims - What Does It Mean?

What Does It Mean If My Disability Insurance Company Says I Am Malingering?

Disability Attorney Gregory Dell discusses malingering and what it means in the context of your claim for disability benefits. Simply put, “malingering” is a medical term which means that you’re either faking or exaggerating your medical condition. It is not uncommon for a disability insurance company to allege that you are exaggerating your symptoms for the purpose of monetary gain. To attempt to prove this allegation, the insurance company may conduct a neuropsychological or psychological exam or have your medical records reviewed by a neuropsychiatrist / psychiatrist.

However, malingering is entirely subjective and is not a medical diagnosis. Additionally, the tests administered to determine malingering are subjective and a person seeking to receive, and continue receiving, disability benefits is more likely to be closely associated, test-wise, to a person who is in fact malingering than a person who is not seeking disability benefits. If your claim for disability benefits has been denied due to alleged malingering, or for any other reason, please feel free to contact any of our disability attorneys for a free consultation to discuss your disability insurance claim.

Comments (2)

  • Richard,

    Your comment is spot on. To add to what you stated, you should have your treating doctor respond to the Psych Techs report as soon as possible.

    Gregory Dell Dec 18, 2013  #2

  • No doubt there are some individuals who do exaggerate or fake their symptoms. Unfortunately there are those who have legitimate and chronic disabilities who also get unfairly labeled as ‘malingerers’. I ran into one Psych Tech who wrote me up as a malingerer with respect to my bilateral hearing loss. In her mind I should have heard better than I do because of the fact that I wear two hearing aids. She was totally unqualified in audiology to make such a judgment call and ignored all my hearing tests over the past several decades showing severe to profound loss of hearing in both ears. I asked for correction of that Psych Tech’s unfounded ‘malingering’ comment in my records but I have not yet received any response from that government-run facility.

    Be vigilant about what healthcare workers enter into your medical records. Ask for copies, review them for errors and demand correction when errors appear.

    Richard Dec 17, 2013  #1

Leave a comment or ask us a question

Questions About Hiring Us

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Anna P. (Iowa)

Mr. Jessup was able to secure approval for my benefits beyond the 2 year mark. This is a critical time as the evidence must show that you can’t work any occupation. By engaging him before the two year mark we were able to avoid a lapse in claims or erisa appeal.

Mr. Jessup was very professional, kind, flexible, and ultimately got results. The assistant on our case was Michal and she was amazing throughout the case. Very professional, quick to respond to questions, organized, and proactive.

***** 5 stars based on 202 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us