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.