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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.

There are 2 opinions so far. Add your comment below.


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.

Attorney Greg Dell:


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.

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