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Sadock, Sadock, & Ruiz. 2009. Kaplan & Sadock’s Comprehensive Textbook of Psychiatry. 9th

Edition. Vol. 2, Chp. 26.1, pp. 2479-2490. Wolters/Lippincott Williams Wilkens.

[September, 2016: chapter in revision/updating for Kaplan & Sadock’s 2017, 10th edition]

MALINGERING

Frank John Ninivaggi, M. D.

Yale University School of Medicine


frank.ninivaggi@yale.edu

Assistant Clinical Professor of Child Psychiatry, Yale University School of Medicine, New

Haven, Connecticut; Medical Director of Psychiatric Services, Devereux-Glenholme Residential

School, Washington, Connecticut; Attending Physician, Yale-New Haven Hospital, New Haven,

Connecticut.
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The condition termed Malingering as a significant focus of clinical attention was formally

introduced into psychiatry in 1980 in the Diagnostic and Statistical Manual of Mental Disorders

III (DSM III). DSM IV-TR (Text Revision) denotes it as the intentional production of false or

grossly exaggerated physical or psychological symptoms, motivated by external incentives, and

that aspects of it may represent adaptive behavior. The symptoms of Malingering are under

voluntary control. This denotes intentionally contrived statements and behaviors that have both

conscious and unconscious components, all of which are intended to mislead the evaluator.

Emphasis is given to the conscious awareness that the malingerer has of the Malingering

presentation. Malingering as a form of illness behavior suggests dysfunction but not true

psychopathology.

The New Oxford American Dictionary (2001) denotes malingerer as one who exaggerates or

feigns illness in order to escape duty or work. It dates the origin of the term to the very early 19th

Century describing it as “back-formation from malingere, apparently from French malingre,

perhaps formed as mal-‘wrongly, improperly’ + haingre ‘weak,’ probably of Germanic origin.”

The term malingerer is said to have first appeared in 1785 in a French dictionary, and to have

denoted a soldier who feigns himself as sick or who induces or protracts an illness in order to
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avoid his duty. This 200 year history suggests only relatively recent attention to an individual

problem with important social implications. Malingering is socially problematic behavior.

The relative newness of this DSM entity has brought with it a plethora of conceptual difficulties.

In the last twenty five years, the psychiatric, psychological, and sociological literature on this

topic has been increasing. The contributions from these varied sources have been replete with a

wide variety of terms attempting to capture not only core meanings but also attendant nuances. In

an effort to hone down the concept in a relatively lucid fashion and to establish a tentative yet

uniform lexicon for this section, the following definitions will be used. Dissimulation is the

broadest term that encompasses all forms of deception specifically in regard to psychological

symptomatology. Dissimulate denotes concealing, hiding, or disguising perceived truth under a

cover of deliberate, voluntarily controlled pretense. In the vernacular, this concept resembles that

of hoax, an act intended to deceive or to produce a façade of deliberate trickery intended to gain

an advantage. Dissimulation encompasses three principal subcategories: Malingering,

defensiveness or faking good, and markedly inconsistent, evasive responses. Dissimulation in

psychiatry encompasses Malingering, faking good, and Factitious Disorder.

Malingering is medical deception, asserting that one has significantly distressing

symptomatology in the actual absence of such. Its range of shaded meanings all point to a core

denotation of deliberate illness misrepresentation. Some nuances include: to feign, disguise,

deceive, lie, mislead, masquerade, trick, and fake. In a manner of speaking, the malingerer may

be considered to deliberately take on the role of impostor, one whose conscious motivation seeks

to achieve an intentionally fraudulent appearance.


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Malingering has also been termed faking bad, which denotes consciously creating false, untrue

yet apparently distressing symptoms. Faking bad may also include intentionally over-reporting,

embellishing, or elaborating symptoms that are present but not as problematic as the individual

tries to convey in such exaggerated fashion.

Defensiveness or faking good, by contrast, is a dissimulation by way of omission. It denotes

consciously minimizing symptoms that are present and are perceived to have negative

consequences, hence their intentional suppression. Faking good is an attempt to portray oneself

in a better light than is actually the case. For example, pedophiles might use faking good

strategies, referred to as a “dance of denial,” to minimize incriminating behaviors when being

examined. In child custody cases, a parent may also use faking good to intentionally minimize

perceived negative behaviors that might jeopardize that parent’s chances of gaining or

maintaining custody. Since the term defensiveness has been used in the Malingering literature in

a rather loose manner, the author suggests replacing it with the more precise phrase consciously

intended denial of real symptomatology.

The term simulation has been used as a synonym for Malingering, but will not be used in this

way here. Simulation more precisely denotes a consciously contrived pretended situation, an

imitation, or a representation (not a consciously deceptive mis-representation) of one process or

situation by using a different process or situation in an illustrative, perhaps, instructive context.

For example, simulation or analogue research protocols examining dissimulation or contexts in

which faking is being studied use a quasi-experimental design with participants randomly
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assigned to experimental (participants asked to dissimulate and deceive) or to control

(participants asked to be honest) groups.

In the last decade, the condition of Malingering within the field of psychiatry has been a focus of

concern in assessments in several different medicolegal contexts, for example, insurance claims,

disability requests, physical injury litigation, harassment suits, post trauma cases, and criminal

culpability situations. Not only attorneys and courts but also hospital inpatient services request

such assessments and consultations. The forensic evaluator (e.g., psychiatrist, psychologist, or

attorney) especially in criminal contexts acts primarily as fact finder, discovering facts based on

credible evidence, often on a very short-term basis. This consultant role is different from the

therapeutic relationship that the longer- term treater establishes in a clinically-oriented helping

situation. More traditional, forensically-related issues especially faced in general psychiatry in

the past were in the realms of suicide, boundary violations, informed consent, capacity and

competency, civil commitment, confidentiality, domestic violence, and abuse and neglect.

This section emphasizes the psychiatric aspects of Malingering in order to provide a clearer

clinical recognition of such potentially complex and baffling diagnostic presentations of illness

behavior. The primary goal of the psychiatrist in evaluations is first to establish the real presence

of actual disorders, and then to discern whether and in which areas Malingering might exist. The

role of projective identification will be addressed since input from patients, legal systems, and

the psychiatric community may unwittingly and unconsciously act in the coauthoring of

symptoms that influence the psychiatrist’s own mental processes and the optimal goal of striving

for objectivity and fairness. One of the strengths that distinguishes psychiatric assessment and
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the interpretation of complex, often ambiguous, information is an explicit recognition of

unconscious psychodynamics, individual differences, and an appreciation of subtle individual

distinctions. Consideration of the presence of what Malingering connotes in any patient’s

presentation (self-reports, direct observation, and collateral data) will guide the astute clinician in

proper treatment planning, especially the rational prescription of medications.

DEFINITION AND COMPARATIVE NOSOLOGY

The revised fourth edition of the DSM-IV-TR describes the condition of Malingering as follows:

The essential feature of Malingering is the intentional production of false or

grossly exaggerated physical or psychological symptoms, motivated by

external incentives such as avoiding military duty, avoiding work,

obtaining financial compensation, evading criminal prosecution, or obtaining

drugs. Under some circumstances, Malingering may represent adaptive

behavior---for example, feigning illness while a captive of the enemy during

wartime.

Malingering is coded on Axis I as v65.2. DSM IV-TR goes on to say that

Malingering should be strongly suspected if any combination of the


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following is noted:

1. Medicolegal context of presentation (e.g., the person is referred by an

attorney to the clinician for examination)

2. Marked discrepancy between the person’s claimed stress or disability and

the objective findings

3. Lack of cooperation during the diagnostic evaluation and in complying

with the prescribed treatment regimen

4. The presence of Antisocial Personality Disorder

Malingering is designated within the v code category. This denotes a condition (not a mental

disorder) that may be a focus of clinical attention. The v code category represents an example of

a clinical situation in which there is insufficient information to know whether or not a presenting

problem is attributable to a mental disorder.

The International Classification of Diseases (ICD-10) lists Malingering in Chapter XXI, “Factors

influencing health status and contact with health services,” block Z00- Z99, as code Z 76.5 in a

section entitled “Persons encountering health services in other circumstances.” It codes the

following: Malingering (conscious simulation)

Person feigning illness (with obvious motivation)

The ICD-10 Chapter which contains Malingering states that these categories are provided

for occasions when circumstances other than disease, injury, or external cause classifiable to

categories A00-Y89 (more clear-cut medical and psychiatric disorders) are recorded as
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“diagnoses” or “problems.” This can arise when a person who may or may not be sick

encounters the health services for some specific purpose or when some circumstance or problem

is present which influences the person’s health status but is not in itself a current illness or injury.

The DSM-IV-TR guidelines used to indicate the condition of Malingering are minimal. There are

no suggestions regarding chronological age range or clear-cut demographic or epidemiological

findings since Malingering has not been studied in the rigorous, scientific manner in which the

mental disorders have been researched. In addition, since Malingering denotes patient deception

and unreliable information, it is difficult, if not impossible, to organize findings in a consistently

coherent fashion. Clinical judgment, especially about motivation, therefore, is essential in

diagnostic evaluations.

History Examples of malingering can be found in the classical literature in stories from

Ulysees feigning insanity to escape the Trojan War to the biblical stories of King David. The

image of the street beggar and vagabond, some of whom feigned disease to gain alms, is a

common one in early Western and Eastern cultures. It was not until about 1880+ in Bismarckian

Germany and about 1910 in the United Kingdom that malingering moved from the political,

military, and social spheres into the aegis of the medical profession. The First World War

appears to have reinforced the phenomenon of what already was known as compensation

neurosis when it added medically prescribed removal from duty to address war fatigue,

shellshock, and war trauma, particularly physical distress. It was at this point that physicians

took or were given a leading role in the management of malingering since it presented as a
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symptomatic picture in the absence of typically associated material causative features. Since

many symptom profiles were strongly suggestive of “mental” and emotional distress,

psychiatrists and psychoanalysts then took a lead in trying to sort out genuine from feigned

illness.

Since its introduction into DSM III in 1980 to about 2005, there has been an almost threefold

increase in the scientific literature on Malingering. Historical accounts have been written, clinical

and empirical case reports have appeared, but evidence-based research is still in its infancy.

Hence, as a scientifically justifiable construct, Malingering remains more in the context of

discovery. The research phase in which evidence is brought to bear on objectively testable

hypotheses remains in statu nascendi.

EPIDEMIOLOGY

The actual incidence, prevalence, and distribution features associated with Malingering are

currently imprecise. This is due to the fact that Malingering has not achieved status as a

psychiatric diagnosis with attendant studies examining validity and reliability in the context of

clinically defined populations. Speculations suggest that base rates can vary from 7.5% to 33%.

In ordinary clinical practice, some have suggested a 1% prevalence; in military populations, a

5% occurrence; and in litigious, criminal situations, up to 20 %. A recent 2002 study of 131

clinicians of the American Board of Clinical Neuropsychology gave the following breakdown of
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base rates for different contexts of Malingering: 29 % for personal injury, 30 % for disability or

worker’s compensation, 19 % in criminal cases, and 8 % in medical or psychiatric cases.

ETIOLOGY

The etiological factors contributing to the spectrum of Malingering presentations are broad and

related to much larger questions concerning the structure of and motivations within human

nature. Issues of cognitive development, cognitive refinement, introspection, insight, accurate

self-analysis, ego defense mechanisms, adaptation and survival, moral development, openness to

self-disclosure, honesty, and the capacity to deliberately lie all play into an assessment of the

mechanisms contributing to Malingering. The label of Malingering moreover may be construed

to carry a pejorative judgment, and so pose significant professional and legal implications for the

doctor if challenged. Hence a diligent, parsimonious, and perspicacious approach to a patient’s

motivations and the carefully considered veracity of a clinical presentation are essential

ingredients leading to fair and reasonable conclusions.

An interesting early 1994 study by Richard Rogers, Ph. D., a recognized leader in the field,

proposed consideration of three explanatory models of Malingering using a prototypical analysis

and subjects who were trained psychologists having extensive experience with actual

malingerers. Etiological determinants showed that adaptational attributes such as rational

decision based on expected rewards, attempts to cope with very difficult circumstances,

weighing their alternatives, trying to make the best of a bad situation, and being faced with an
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unsympathetic or adversarial system, for example, were first rank issues inferred to explain the

behavior of malingerers. Antisocial and criminological factors ranked second, and a

psychopathological model was favored by only 3.4% of the forensic experts. This study

emphasized that the choice of explanatory model may have important implications for treatment

recommendations. For example, the adaptational and pathogenic model carried with it the sense

of a more positive motivation for recommending treatment.

The biopsychosocial model both theoretically and applied to individual cases, perhaps, may be

one of the best ways to consider possible etiological factors until further research reveals more

objectively verifiable causes.

DIAGNOSIS AND CLINICAL FEATURES

For the psychiatrist, the patient’s clinical presentation is the foundation upon which all diagnostic

evaluations and treatment recommendations are made. The clinical presentation includes one or

more interviews with the patient during which an interpersonal and social field is established.

Within this context, all aspects of the patient’s demeanor, not only self-reports, are carefully

observed and explored; some aspects of cognition, memory, social and emotional responsivity,

and behavior may be tested. Issues around the manner in which the patient views and may

express envy and greed have clinically relevant value. Initially, what the patient produces may be

considered raw data that only gradually undergoes an evaluative and interpretive analysis and
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subsequent synthesis. All the patient’s productions are initially taken at face value. Conclusions

can be drawn only after diligent consideration and further collation using collateral information.

Short of the only genuine gold standard for establishing Malingering, which is the patient’s full

disclosure of deliberate intention to malinger, coding for Malingering remains a matter of clinical

judgment and of professional opinion.

Projective identification This fundamental unconscious information processing

mechanism was first described by Melanie Klein in 1946 and expanded by Wilfred Bion during

the 1960’s and -70’s. This theoretical construct denotes the mobilization of partial aspects of an

individual’s unconsciously conflicted emotions, ideation, and wishes that then become split off

and intrusively projected into an unwilling receiver. The astute clinician must parse out this

factor in assessing all Malingering presentations, when formulating clinical judgments, and in

treatment. Further aspects of projective identification will be discussed in the treatment and

management section.

Truth and Malingering In many ways, the consideration of Malingering depends on

the clinician’s conception and assessment of truth---the truthfulness and veracity of the patient’s

clinical presentation, especially verbal descriptions of symptoms. The assessment of Malingering

challenges the trust inherent in the doctor-patient relationship. Detection of true from feigned

symptoms and disorders is made by comparisons to accepted diagnostic standards such as found

in the DSM. Consistency in meeting these standards taken together with understandable atypical

variations reflects the fidelity of clinical assessment. Marked discrepancies, mismatches,


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deceptive shifts of diagnostic frame, and blatant excursions from established norms suggest

deception. When consciously deliberate intention and tangible gain can be assigned to illness

deception, then Malingering can be entertained.

The condition of Malingering, therefore, is not based on whimsy; it is based on comprehensive

considerations of the best evidence available and astute clinical judgment. When reaching

clinical conclusions, particular attention to configurations of factors associated with Malingering

are useful. When psychological testing is used as collateral evidence, neuropsychological

profiles are constructed using multiple tests, each tapping on a different area. There are no

established unambiguous criteria. From the patient’s side, the issue of good faith, openness to

self-disclosure, and well-intentioned honesty are presumed present but are examined for possible

discrepancies. The extent to which such discrepant information is conveyed in what is suspected

to be a deliberately deceitful manner lends itself to a high index of suspicion of Malingering.

Lastly, if Malingering is found to be present, there may be psychiatric disorders that coexist with

it. On Axis I and Axis II, several diagnoses of mental disorders along with the condition of

Malingering may be coded when sufficient evidence is present to justify this.

CONTEXTS IN WHICH MALINGERING MAY PRESENT


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Avoiding Responsibility Some specific contextual situations that surround a psychiatric

assessment also may lend themselves to the suspicion of Malingering. Table 1.1 summarizes

contexts in which Malingering may present itself. The current presence of international unrest

and war makes the context of military service a continuing impetus for some to use malingering

to avoid personal threat. Avoiding responsibility may also appear in child and adolescent

contexts in the frequently encountered condition of school avoidance. Although an Anxiety

Disorder may be the underlying cause of such behaviors, many youngsters also intentionally

feign illness to avoid going to school for other reasons. Malingering may not be an essential

feature in such cases since truancy may be associated with more salient disorders such as

Conduct Disorder, Learning Disorders, or understandable environmentally-based problems such

as an impaired family situation where neglect, abuse, or both may be found.

Criminal and Forensic Contexts Criminal and forensic contexts in which adults as well as

adolescents find themselves are situations within which malingering offers an option to avoid

unwanted legal prosecution or confinement. Feigning psychiatric illness may offer one convicted

of a crime the opportunity to go to a psychiatric hospital rather than to jail. The issues

surrounding criminal behaviors and psychiatric illness are complex and require the skills of those

trained in forensic psychiatry and psychology for appropriate evaluation and recommendations.

In current times, Malingering has been seen in foreigners caught for illegal entry into a country

and threatened with deportation back to their country of origin.


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A 15-year-old male was referred by the court to a juvenile justice psychiatric evaluation clinic. He was being held at

a detention center for multiple charges: possession of Cannabis and crack cocaine, setting fire to his family’s mobile

home, violence toward a parent, and resisting arrest. The arresting officers described him as uncooperative, at times

belligerent, and communicatively unclear. They had known this adolescent since they had been involved with him

and his mother alleging physical abuse by one of mother’s live-in boyfriends several years ago. At the point of

arrest, he was brought to a local Emergency Department where he was examined and found to be in good health; he

became quiet and did not appear to exhibit any clear-cut psychiatric symptomatology. Shortly thereafter he was

brought to the clinic on a daily basis for a series of psychiatric and psychosocial examinations along with

psychological testing. The patient was reticently compliant and demonstrated minimal expressive communication.

He did admit to illicit substance use over a period of several years, a history of school avoidance and failure, and a

chronic history of family conflict. When asked about the fire setting, he did not reply. Family interviews revealed a

chaotic household with biological father being incarcerated, mother having multiple male companions and a history

of depression with suicidal attempts, and overall lack of structure and home supervision. Psychological testing

showed a full scale IQ of 65, pervasive deficits in academic functioning, and projective tests suggesting possible

psychosis but no depression. Mother and the patient wanted to avoid incarceration and emphasized a history of

abuse. The patient then claimed to be depressed; mother vociferously supported this. From all the available past

history, current interviews, and psychological testing, diagnoses of Psychotic Disorder NOS, Borderline Intellectual

Functioning, and possible PTSD were made. Although both mother and son intentionally tried to establish a

diagnosis of clinical depression, the evaluator did not concur. Adding malingering to the diagnostic profile,

moreover, was thought to be unhelpful in the particular context of this already complex group of psychiatric

disorders. Recommendations for long-term therapeutic residential placement and consideration of psychotropic

medication were made.

Medicolegal Contexts Medicolegal contexts can suggest Malingering when issues of financial

compensation are at stake. This may involve personal injury cases as well as disability claims for

psychiatric or developmental problems. Since these complex cases have salient medical features,
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their assessment requires the combined efforts of medical specialists to assess neurological and

musculoskeletal features as well as psychiatric and psychological evaluation.

A 16-year-old male was brought to the Emergency Department by police. He was wildly out of control, moving

about in a disorganized, hyperkinetic fashion and speaking incoherently. Initial physical examination was

unremarkable but laboratory investigations showed elevated liver function tests; drug screening was negative. The

patient’s mother said that he had no prior medical or psychiatric history, and that she was unaware of any indication

of substance abuse or cigarette smoking. The patient was admitted to the psychiatric unit where he was moderately

agitated and demonstrated a catatonic-like excitement. Atypical neuroleptics were begun; after several days, his

motor behavior began to normalize and he was more coherent. His cognitive functioning cleared but was slow. He

denied the use of illicit substances but said that he had recently begun a summer job in a small paint factory; this

appeared to coincide with his symptoms. A tentative diagnosis of Inhalant-Induced Psychotic Disorder was made.

The patient was discharged on no psychotropic medication, and seen one week later. He appeared stable and in no

acute distress. Sleep, appetite, and energy level were normal. Blood work was within normal limits at this time. He

returned to school in the Fall and was reported to be doing as well as he had been doing prior to his decompensation.

Mother then requested that the hospital physicians support her contention that her son was currently disabled,

thereby certifying him to be eligible for financial compensation. After further interviews, no evidence of changed or

limited functioning from pre-hospital baselines could be found to support disability claims. Mother’s attorneys

brought the matter to a hearing. It was agreed upon that a small settlement by the paint factory would be made. This

case demonstrates how patients may try to intentionally shift evidence of a real disorder and its resolution toward

exaggerated claims of continued impairment.

Emergency Facilities Emergency Departments and Primary Care facilities may be the only

resource to which those who are socially and occupationally impaired have relatively easy

access. Such persons may have complex chronic medical and even psychiatric illnesses, which
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nonetheless do not warrant immediate hospitalization even though they ask to be admitted.

Careful diagnostic assessment of emergent, urgent, and longer-term needs is critical. The

assistance of social services, particularly if immediate shelter is needed, can be an important

resource. Whether or not Malingering, in addition to other problems, is believed to be present,

clinical judgment must dictate the appropriate disposition of these cases.

Outpatient Settings A commonly encountered situation wherein Malingering may present

itself is in typical outpatient practice. This obtains not only for the psychiatrist but for all

physicians. Patients may malinger about pain symptoms that are either untrue or deliberately

exaggerated. The request for controlled substances such as narcotics in excess of what the

physician deems reasonable always needs careful attention. Patients also may be habituated to or

dependent on benzodiazepines and so ask for, sometimes demand, ongoing prescriptions or

excessively high daily dosages. The physician’s clinical judgment again must weigh reasonable

risks and benefits, especially if Malingering is suspected. A not infrequent request by adolescents

and by some adults is for psychostimulant medications such as methylphenidate and its

derivatives, and dextroamphetamine and its derivatives to treat a reported case of Attention-

deficit/ hyperactivity disorder (ADHD) or Attention Deficit Disorder (ADD). Since these

disorders are frequently diagnosed, careful clinical assessment is needed to discern legitimate

cases from those persons that wish to obtain controlled substances for purposes such as weight

loss or non-medically justified stimulation and abuse. It has been almost commonplace for

adolescent females, and even many males, to be overly concerned about body weight and to

request psychostimulant medications under the ruse of suffering from ADHD when, in fact, the

underlying intent is to use the psychostimulant drug for effective weight loss. Child and
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adolescent psychiatrists face this issue on an almost daily basis. In addition, careful histories and

assessments of the family context, particularly members with illicit drug histories or criminal

backgrounds, are essential to rule out unwarranted, abusive use or diversion into the street for

illicit drug trade.

A 35-year-old attorney requested a psychiatric evaluation for treatment of what he claimed was his adult Attention

Deficit Disorder (ADD). This was the third such consultation he requested in the last 6 months. The patient was a

middle class, Caucasian male, married with two children, and a practicing attorney for the last six years. He had a

reported past history of intermittent, moderate depressions since age 20 for which he received periodic brief

psychotherapy and antidepressant medication. He stated that he had not felt depressed for the last five years,

although he described himself in terms he said his wife used: “a man who fears success.” This, he explained, was

related to multiple attempts at jobs in various law firms that quickly ended with his impulsive resignation. He now

felt that he was troubled with difficulties concentrating, staying focused, and completing tasks that required

attention, concentration, and perseverance. He said he was able to diagnose himself, and believed that he suffered

from ADD. He sought a prescription for a stimulant medication.


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After several sessions of careful history taking, diagnoses of anxiety and mild mood instability were suggested,

especially based on past history. After agreeing with the psychiatrist’s “skillful insights” as he described them, he

proceeded to assert that the assessment was essentially wrong, and missed understanding the core of his dilemma.

He said that, although partly right, the assessment was “perfectly flawed.” He insisted, however, that he would come

for further sessions to “show the doctor” how wrong he was, and that the putative ADD required a prescription that

“only the doctor had the power and authority to order. Whether or not I meet criteria for ADD, I feel I can benefit

from the drug.” Axis II personality disorders were considered, but such diagnoses were deferred.

During the course of about six sessions, he behaved in a similar and repetitive fashion.

When it became clear that no psychostimulant medication would be prescribed, he said: “You just won’t open up

and listen to me. It’s really very clear, I know myself better than you do. Even though I didn’t go to some fancy

medical school, I’m competent enough to see things as they are.” He would then add, “I guess we’re on different

wavelengths.” Any sort of interpretive attempt was thwarted, and the patient declared that an “impasse” was reached

and that he would not return.


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Characterological issues were principal. Envy of the therapist is an obvious feature of this brief clinical vignette. The

nature of the patient’s motivation is complex. He certainly intended to persuade the psychiatrist both of his ADD

and his need for drugs, but the extent to which he feigned or believed these to be true is unclear. His almost arrogant

insistence on his independently arrived at, correct self-diagnosis and his inability to consider another opinion along

with the constant comparisons he made between himself and the psychiatrist evidenced rigidity and a quality of

recalcitrance that in this context suggested pathological, unconscious envy. His partial acknowledgement of skill, yet

his insistence on the assessment as ultimately being “perfectly flawed” point to his attempt at envious spoiling of

what was sensed to be partially skillful and insightful, that is, ideal to some degree. This patient’s aggressive attempt

to influence the psychiatrist can be viewed as a display of omnipotence and the use of projective identification as a

way to aggressively gain active control in order to ward off and defend against feelings of inferred inadequacy and

helplessness. His choice to leave the therapeutic field due to what he called an “impasse” further attests to the usual

blocking of forward progress that results when excessive envy, in fact, is a major underlying factor in the therapeutic

impasse. The boundary between Malingering and Factitious Disorder as seen in this case is thin.

CLINICAL PRESENTATIONS OF MALINGERING

Physical Symptomatology

Pain Presentations Malingered symptomatology may take various forms. Table 1.2

summarizes clinical presentations of malingered symptomatology. They may be divided into


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physical symptomatology (pain and incapacity) and psychological symptomatology. Whereas

Factitious Disorders often present with physical symptomatology and signs, Malingering appears

in psychiatric settings to present with psychological symptomatology suggestive of psychiatric

disorders. Perhaps, the presentation of pain and distress in suspected Malingering is most often

encountered in contexts wherein financial or disability compensation is at stake. This can be

related to physical injury or degenerative disease states. If pain is malingered, it may typically

take the form of an embellishment of the severity of pain, and subsequently what appears to be

significantly impaired functional capacity. Ordinarily, some degree of real pain is present, but the

excessive degree to which it is intentionally exaggerated may suggest Malingering. Since this is

an extremely complex area, and one wherein Malingering has been shown to be less prevalent

than once thought, such presentations need careful consideration. When physical symptoms are

in question, medical specialists are needed to rule out neurological, infectious, musculoskeletal,

and other primarily somatically-based complaints. In addition, one must carefully discern the

presence or absence of the following: Pain Disorder or the condition of Pain Associated With a

General Medical Condition whose code is specifically selected based on the associated medical

condition or the anatomical site.

Pseudoseizures Pseudoseizures (psychoseizures, hysteroepilepsy) resemble epileptic seizures.

Patients exhibiting pseudoseizures are unusually suggestible. They may also have true seizure

disorders or a family history of epilepsy. Although resembling tonic-clonic convulsions, no tonic

phase is present; there is an asynchronous thrashing of the limbs typically lasting more than a

few minutes unlike in true seizures. Consciousness may be normal or lost, and there is no typical

postictal phase or loss of continence. Laboratory studies show no electrocerebral changes. Serum
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prolactin, ordinarily increased between 15 and 30 minutes after a true tonic-clonic seizure,

remains unchanged from baseline. Resistance to epileptic drugs is common. Pseudoseizures have

been determined to be due either to Malingering or, in some cases, to hysterical conversion

reactions associated with acute emotional stress or chronic physical and sexual abuse.

Psychological Symptomatology

Clinical Presentations Psychological symptomatology and the suggestion of mental disorders

are presentations that the psychiatrist encounters, often by referral or consultation, in ruling out

suspected malingering. A high index of suspicion is raised when symptoms are clearly atypical,

grossly unusual, non-traditionally bizarre, extraordinarily exaggerated, embellished or

elaborated, or alleged to occur in the future if some incentive or personal gain in the present is

not met. Lay persons, for example, may decide to exhibit dramatic symptoms or to portray some

florid clinical picture based on what has been seen in the popular media. Professionals who

malinger might consult psychiatric texts and attempt to feign a bona fide mental disorder by

using every feature and criteria listed as well as their precisely given timeframes. Such direct

textbook presentations rarely present in day to day clinical contexts. Detection strategies include

close attention to the patient’s description of when and how symptoms arose as well as to their

sequence. Clinical incongruities in symptom presentation, as, for example, an individual

describing an Anxiety Disorder in a calm and composed manner at every interview suggests
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feigning. Lastly, markedly atypical juxtapositioning of symptoms may suggest Malingering.

Some examples of psychological symptomatology are the following.

Posttraumatic stress disorder Posttraumatic stress disorder (PTSD), after pain presentations,

is a common presentation in which malingering needs to be ruled out. In addition to alleged

traumas associated with military service and combat, personal injury and automobile accident

trauma may present with features of PTSD. Combat-related and civilian PTSD need to be

differentiated. The most common motivation for malingering PTSD is financial gain. Feigned

PTSD diverts care from those military personnel who genuinely have suffered trauma and

require services. Symptom presentations in feigned cases often appear dramatic and highly

embellished. Dramatic positive symptoms such as flashbacks and nightmares are emphasized.

These are reported in ways that are inconsistent with DSM IV-TR definitions; by contrast, they

reflect unrealistic caricatures seen in the media. Subtle features and generally incapacitating

anxiety are often absent. For example, in an effort to avoid occupational duties, psychological

and physical incapacity may be claimed. Often, upon further examination, this incapacity does

not extend to other more pleasant activities such as social activities, recreation, travel, vacation,

or sports. A thorough history may reveal past occupational difficulties or frequent job changes.

The general demeanor of uncooperativeness, withholding information, belligerence, or

personality disorders (Antisocial, Borderline, or Histrionic) may also suggest Malingering. A

bland refusal to undergo treatment and to consider future re-employment is also implicating.

Depression Depression may be malingered. Since Depressive Disorder and depressive

variations (Melancholic, Atypical, and Bipolar, for example) have been so extensively
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researched, the psychiatrist is usually keen to spot faking in this area. For example, the

malingerer may be extremely fluent in descriptions of “feeling depressed” and “not sleeping” but

may not report the typical details of impairment (diminished specific hobbies; dysfunctional

interpersonal relationship issues such as envy, jealousy, and guilt; limitations in everyday

activities of daily living; and altered vegetative functions) that the genuinely depressed person

may report. Appetite and weight remain constant. The very loquaciousness that often attends

such presentations is inconsistent with depression. In addition, malingered depressions may not

pervade all aspects of the person’s life and functioning. For example, the malingerer may

continue to engage in going out to dinner, hobbies, and in regular sports activities.

Amnesia Amnesia may be a form of Malingering seen in forensic settings and is usually

related to alleged crimes. It has been suggested that up to 1/3 of homicide perpetrators claim

amnesia. Since this is a grave situation, specialists in forensic psychiatry in collaboration with

other specialists are best suited to discern such presentations. Head injury after accidents also

presents with degrees of amnesia. Such cases have historically been referred to in the literature as

accident neurosis or compensation neurosis and seen in a negative light until recent research has

suggested that genuine cognitive deficits may be present in large numbers of these cases. In

assessing amnesia, highly selective, localized memory deficits, especially in the areas where the

patient’s motivation and liability are in question, may suggest feigning. Typically, amnesic

patients demonstrate impaired new learning and short-term memory but procedural memory and

premorbid semantic memory are preserved. If deficits are produced in immediate recall, digit

span, autobiographical/self memory, procedural memory, and new learning, this may suggest

feigning if the wider context is also corroborative. In genuine Amnestic Disorders with
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pathophysiologic concomitants, disorientation may be to place and to time. There may be lack of

insight into memory deficits and the patient may explicitly deny the presence of severe memory

impairment. This is often accompanied by apathy and emotional blandness. Chronic substance

abuse and alcoholism need to be ruled out. Dissociative states and Histrionic Personality

Disorder tend to lessen the probability of Malingering. In Dissociative Amnesic disorder, the

patient does demonstrate inability to recall important personal information usually of a traumatic

or stressful nature. Patients with true Dissociative Amnesia usually score high on standard

measures of hypnotizability unlike the case with malingerers. Antisocial Personality Disorder is

a feature of Malingering according to DSM IV-TR guidelines and needs to be considered in

forensic contexts. Of course, neurological examination and appropriate radiographic studies

should be considered.

Psychosis Psychosis can be malingered, for example, in criminal defendants attempting to

avoid trial or to alter prison sentences, in the homeless who present to the Emergency

Department in an effort to gain entry into the hospital for temporary food and shelter, or in those

whose motivation is to avoid some clear-cut responsibility, which they find undesirable such as

conscription into military service. This may be a more common malingered presentation in less

sophisticated persons. For the experienced clinician, it may not be very difficult to differentiate

true psychosis, as, for example, in Schizophrenia, or Bipolar Mania, from deceptive illness.

Persons with schizophrenia are often withdrawn and minimally verbal, not open to fluent

descriptions of their symptoms. Those feigning psychosis often produce reports of very dramatic,

perhaps melodramatic, hallucinations with bizarre content that is more characteristic of sci-fi

media than that which is ordinarily reported by those with genuine psychosis. Hallucinations
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may be uncharacteristically not accompanied by associated delusions. Hallucinations are

reported to be constant not intermittent, irresistibly commanding to action, always terrifying

rather than at times manageable, and, if visual, they are said to be seen in dramatic colors in

cinematic, film-like fashion. Malingerers may speak of delusions in a forthright, open manner

unlike the guardedness often accompanying descriptions of genuine delusions. These persons

may describe their delusions as having all or none features rather than the more subtle and

continuous tone characteristic of truly psychotic delusions. In addition, malingerers feign only

the contents that accompany psychotic states and often demonstrate no irregularities in the form

of their thinking processes, which is an important characteristic of psychosis.

A 35-year-old male pharmacist was referred to an outpatient clinic by his internist for medication evaluation of his

long standing Bipolar disorder. He was in apparently good health and working over 60 hours per week but

experiencing anxiety, dysphoria, and increasing disorganization. He reported a one year history of a turbulent

relationship with a girlfriend of 3 years. Sleep, appetite, and job performance were beginning to suffer. The patient

had been on lithium and an atypical neuroleptic for 4 years with good control of symptoms. When recently

escalating symptoms appeared, the patient suggested to his internist that his ADHD in addition to his Bipolar was

not being properly addressed. A once per day, long acting psychostimulant was then added. Although the patient

stated that he felt that he could function more efficiently on the stimulant, his observable behaviors deteriorated.

When he demanded benzodiazepines for anxiety and insomnia, his prescribing physician made the referral. Upon

interview, the patient was a thin, agitated male who appeared highly intelligent and articulate. He at first asked for

increases of his lithium and neuroleptic, but then demanded increases in his stimulant and also the addition of a

benzodiazepine. At that time, it was apparent that he was hypomanic and that his judgment was becoming

progressively impaired. After several sessions of attempting to target the escalating Bipolar presentation and obtain

blood work (which the patient failed to procure), a recommendation for inpatient hospitalization was made. He
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protested and reiterated that his ADHD was his primary problem and that stimulant medication was the only answer.

A second psychiatric opinion was obtained and it confirmed Bipolar disorder with little or no evidence of ADHD.

Again, hospitalization was strongly recommended at which point the patient abruptly left the clinic. Attempts to

contact him failed. After several weeks, it was discovered that he had left the state; and his whereabouts were

unknown. Six months later a family member contacted the clinic to request records stating that the patient had been

found dead in suspicious circumstances and that an investigation was in progress.

Intellectual Disabilities Intellectual Disabilities connote substantially reduced cognitive

capacities, that is, a significantly limited age-appropriate capacity and use of thinking skills,

memory, reasoning, abstraction, judgment, and decision making. Such intellectual limitations

have traditionally been referred to as ranging from the extreme of Mental Retardation to

Borderline Intellectual Functioning. Dementia with its apparent decrease in expressive language

and marked perseveration might also be considered to represent a significant intellectual decline,

although it is usually not a malingered condition. It is also not very common for an adult to feign

such conditions as Mental Retardation since past history, especially of academic performance,

vocational functioning, activities of daily living, and social adaptation ordinarily appear in quite

distinct ways as substantially impaired over long periods in genuine cases. These impairments

pervade all sectors of the personality, and often require obvious caregiving whether in childhood,

adolescence, or adulthood. The clinician may be presented with a case of malingering by proxy,

which suggests that the real malingerer (usually a parent) is alleging that their child has

substantial intellectual disabilities that demand financial and other compensation. In these cases,

careful assessment of the past history of both child and caregiver is essential.
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The single mother of an 18-year-old just graduating from a residential school for adolescents with academic and

behavioral problems requested documentation verifying that her son was disabled on the grounds of learning

disabilities. Mother was an immigrant from Europe living in America for over 10 years; father died in an automobile

accident 5 years previously. There were no other children and mother was unable to work due to disability

secondary to depression. The boy had been enrolled in the school about 3 years ago because of school failure. At

that time, psychological testing showed intelligence to be slightly below average and there was no evidence of

primary attentional problems or learning disorders. His academic failure was deemed due to primary situational

conflicts between him and mother. For the last 3 years, his school performance and behavior were within normal

limits, but his relational situation did not improve. After comprehensive retesting and assessment of psychological

and social factors, it was judged that he was not disabled. Attendance at a college away from home was suggested.

Borderline Intellectual Functioning Borderline Intellectual Functioning is a condition that

denotes intellectual quotient (IQ) between about 70 and 85 accompanied by significantly

impaired adaptive functioning. Such persons often present as slow learners who may appear to

be feigning their cognitive limitations in an effort to achieve an external gain---needed help from

others. The oftentimes genuine needs of these persons should be differentiated from the

deceptions of Malingering. In addition, persons of any intelligence level may innocently attribute

an unlikely causative factor (e.g., allergies, job stress, or Lyme disease) to what they genuinely

believe is a disorder. Such innocent misattributions should be distinguished from consciously

motivated Malingering. Cognitive decline, however, after head injury, toxin exposure, or chronic

substance abuse would suggest a clear traumatic precipitant. Past history, medical examination,

and laboratory screening for illicit substances and liver functions would help rule out
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legitimately understandable causes of true illness even if the patient misattributes cause and

effect.

Ganser’s syndrome Ganser’s syndrome is classified as a DSM IV-TR Dissociative Disorder

Not Otherwise Specified. It is denoted as the giving of approximate answers (Vorbereiden) to

questions when not associated with Dissociative Amnesia or Dissociative Fugue. Dissociative

Disorders connote disruptions in the integration of consciousness, memory, identity, or

perception of the environment. Ganser’s syndrome was originally described in prisoners who

presented as confused. Although the utility of this diagnostic classification has been questioned,

such presentations require ruling out genuine intellectual disabilities, Borderline Intellectual

Functioning, forms of Delirium, as well as Malingering. Assessments of inferred motivation and

the prospect of external gain need to be considered.

Attention-Deficit/Hyperactivity Disorder Attention-deficit/hyperactivity disorder is a

common diagnosis. It is characterized by significant inattention, hyperactivity, impulsivity,

beginning before age 7, and showing functional impairment in two or more settings such as in

school and at home. Task avoidance and low motivation, which may be primary in such

presentations, must always be ruled out in attentional difficulties presentations. Since one aspect

of the comprehensive educational, psychosocial, and psychopharmacological treatment of

ADHD requires Class II controlled psychostimulant medication, the adolescent and adult

population have been known to malinger symptomatology in order to gain these drugs for their,

at times, perceived pleasurable and excitatory effects. In malingering by proxy, a caregiver might
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attempt to persuade the physician that the child or adolescent has ADHD symptomatology in the

known absence of such in order to procure these controlled substances for personal use or for

illicit diversion.

An 8-year-old boy was brought to the clinic by his mother for medication management of his 2 year history of

ADHD, which had been medicated by the family pediatrician until now. The referring physician reported that he

was unwilling to continue to prescribe controlled substances since mother up to now had been unwilling to involve

the child or herself in psychosocial interventions that included psychotherapy, parent management skills, and

adjunctive school interventions. Mother and child were interviewed both together and alone on several occasions.

Mother reluctantly agreed to the release of school records. Previous psychological and academic testing showed the

child to have a low but within normal limits IQ and adequate performance in all subjects except a clear-cut problem

with reading. School personnel regarded this as probable dyslexia, not ADHD; and appropriate remediation was in

place. The child was significantly below average for height and weight. He had multiple facial grimaces and tics,

and a history of insomnia and difficulty awakening in the morning. His medication regimen included

dextroamphetamine in high doses and clonidine at night for sleep. Mother also requested that the clinic verify the

child’s need for disability compensation based on his ADHD. The multidisciplinary clinic team assessment included

social work home visits and an intensive assessment of mother’s history. It was found that she was on probation for

a history of financial scams, writing bad checks, and involvement with the illicit drug trade. She gave informed

consent for the release of her probation records. It was also discovered that State social services were in the process

of an investigation of alleged child neglect. Before the psychiatric evaluation was completed, the clinic was

informed that mother had been arrested for possession of and dealing illicit substances, some of which included

stimulant medications. The child was put in custody of his grandparents. Recommendations were made for

comprehensive psychosocial services for the child and grandparents. Grandparents were in agreement that all

medications should be tapered so that a new baseline of overall functioning could be obtained.
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Child and Adolescent Illness Falsification

The importance of taking into account the developmental characteristics of the child or

adolescent when considering whether or not genuine illness is present cannot be

overemphasized. Since individuals under the age of eighteen fail to meet some of the guidelines

used to code for Malingering (e.g., Antisocial Personality Disorder), the phrase illness

falsification is best used to denote situations in which youth appear to deliberately feign a

medical or psychiatric illness having some ulterior personal gain as a goal. Often, such illness

falsification is associated with symptomatic lying in this age group.

Does illness falsification present differently at different developmental stages?

In childhood, up to about 12 years of age, separation anxiety, school avoidance, and PTSD may

be the leading disorders associated with a child’s feigning illness (e.g., stomach ache, headache,

forgetfulness/intentional suppression of information of abuse, pseudoseizures) to obtain a desired

goal such as staying home from school, avoiding consequences for negative behaviors, or the

wish to receive presents or increased attention for being sick. Children who are bullied in school

might also use illness falsification to avoid the context of trauma. Symptom coaching, sometimes

a consideration when a child falsely attributes illness to a parent, may occur in the context of an

acrimonious divorce and child custody dispute. One parent coaches the child to describe the

other parent in an unfairly negative light. This is an example of illness falsification by proxy.
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In adolescence, about age 13 to 18 years of age, the emotions of anxiety, fear, and guilt typically

prompt the teenager toward illness falsification. Anxiety and fear of attending classes may be

related to Anxiety Disorders, Social Phobia, and Asperger’s Syndrome. School avoidance may

result. As is discussed in the section on attentional problems, it is not uncommon for adolescents

to claim ADD and ADHD as an excuse to rationalize both poor motivation and intentional task

avoidance and so excuse excessively poor school performance. Juvenile offenders, often carrying

a diagnosis of Conduct Disorder, which strongly connotes the presence of lying and deception,

have been noted to use illness falsification to avoid sentencing to jail, to lighten sentencing

severity, or to divert their adjudication from jail to the mental health system for rehabilitation and

treatment.

Antisocial Personality Disorder and Malingering

The criminological model as described by Richard Rogers in 1990 and again in 1997 proposes

that this DSM articulated framework is used, perhaps inaptly in Rogers’ view, to explain the

primary motivations underlying Malingering. It includes the diagnostic variable of Antisocial

Personality Disorder, the contextual variable of a medicolegal evaluation, and two presentational

variables, uncooperativeness and discrepancies with objective findings. The strong association

between Antisocial Personality and deceptiveness is emphasized in this implied risk model.

Although there are obvious correlations between these, some studies have questioned their

validity. The prejudicial role of confirmatory bias must be taken into account in all assessments.
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The non-Malingerer’s Dilemma

A very important consideration in any assessment of Malingering is an abiding awareness of the

patient whose symptomatic presentation is real, that is, genuine and not intentionally feigned.

Ordinarily such patients have genuine disease processes, bone fide diagnoses, obvious

impairments, limitations, and restricted functioning. Such functional incapacity typically affects

all areas of their life including home, occupational, and social spheres. Their biopsychosocial

functional capacity is significantly diminished and true disability leaves them handicapped. The

context in which this appears may be work-related, injury-related, associated with degenerative

disease, or a mental disorder, to name just a few.

In the process of assessing a patient’s genuine functional incapacity and current needs, the

extensive and rigorous interviewing, at times perceived as an interrogation, and the implicit level

of accusation that questions the patient’s credibility and forthrightness are often sources that

strain the patient’s already compromised emotional resilience. The integrity of the working

relationship between examiners and caregivers may become unduly encumbered. In such cases,

iatrogenic factors may appear in the patient’s presentation and confound correct evaluation and

management. It is here that the adaptive component of the individual’s resources may be

mobilized. Considerations of these factors are useful guidelines to help temper any tendencies to

conduct evaluations in an inappropriately aggressive manner which, in itself, may be experienced

as a trauma.
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CODING MALINGERING

When Malingering is considered present, it is useful to indicate its inferred type. Full

malingering denotes complete fabrication. Pure malingering denotes the feigning of disease

when it does not exist. Positive malingering denotes the feigning of symptoms that do not exist.

Partial malingering denotes the exaggeration of currently existing symptoms, or stating that

extinct symptoms are still present. A more nebulous type of malingering is termed false

imputation. The malingerer deceptively shifts the frame of the diagnostic focus by ascribing

actual symptoms to a cause consciously recognized to have no relationship to those symptoms.

Such obfuscation darkens and obscures diagnostic clarity, yet may be often overlooked.

It may also be helpful to place malingering in a context that connotes degree of certainty:

indeterminate, strongly suspected, provisional, probable, or deemed likely present. Indeterminate

cases show findings that suggest the possibility of Malingering but whose findings are currently

too ambiguous, insufficient, and unsupported by collateral evidence. Strongly suspected cases

show findings that are consistent with DSM IV-TR guidelines but lack typically associated

features and contexts and whose collateral support is equivocal. Provisional cases show findings

that are consistent with guidelines although currently incomplete or of too brief a duration, yet

suggest a strong presumption that more complete indicators will be found over time. Probable

cases show findings that are consistent with basic DSM IV-TR guidelines, associated features

and contexts, but there is a lack of strong confirmation from collateral sources, especially

psychological testing. Malingering may be considered present when findings are clearly

consistent with DSM IV-TR guidelines, associated features and contexts, and are reasonably
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supported by a preponderance of evidence from most collateral sources. It must be emphasized

that the American Medical Association (2001) has stated that confirmation of Malingering is

extremely difficult. Table 1.3 summarizes a range of degrees of certainty in coding for

Malingering. Lastly, the inadvertent misattribution of linking symptoms with unrelated causes,

as, for example, found in the reports of persons with cognitive limitations or in those who do so

because of educational or cultural variations, should not be considering malingering.

Table 1.4 summarizes DSM IV-TR guidelines indicative of Malingering as described earlier and

provides a clinical decision model for coding Malingering. Although the presence of all of these

threshold screening indicators is not essential, factors 1 (the intentional production of false or

grossly exaggerated physical or psychological symptoms) and 2 (motivations arising from

external incentives) are fundamental and should be accompanied by some of the other typical

features. While DSM IV-TR does list the presence of Antisocial Personality Disorder in these

coding guidelines, some have questioned the strength of this association. Others have called

attention to the connection between the clinical findings of deliberate misrepresentation and

lying, for instance, commonly seen in persons with Antisocial Personality as well as Borderline

Personality and similar findings of intentional deception in Malingering.

The final conclusions one arrives at should derive from five foundations. They are
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1. Is the clinical evaluator acting as a short-term consultant in a setting that implies a

medicolegal, perhaps, adversarial, context?

2. Is the patient’s presentation reasonably consistent with the presentation of genuine

illness or not?

3. Is there a medical or psychiatric disorder that plausibly explains the signs and

symptoms presented?

4. Are the final diagnostic conclusions based on evidence of consistency or on

marked inconsistency?, and

5. What is the best professional opinion about the nature and goals of the patient’s

intention?

COLLATERAL DIAGNOSTIC DATA

The finding of Malingering may also be supported by obtaining information from collateral

sources that include data from interviews with those who know the patient, relevant records, and

psychological testing. Informed consent issues need to be considered. Interviews with family

members and significant others, employers, past therapists, jail or prison personnel, and

probation or parole officers may provide important information. Past medical records,

psychiatric records, occupational and educational reports, court evaluations and prior disability

claims are also useful. There are no physical examination techniques that have been
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demonstrated to objectively prove the presence of Malingering. Internists and family practice

physicians stress, however, that warning flags include persistent noncompliance, striking

inconsistency between physical findings and stated symptoms, and a referral from an attorney or

an insurance company. Although the psychiatrist has an important clinical role in an overall

assessment, the collaborative efforts of a team of medical, psychological, and legal specialists

may be needed to provide corroborative evidence and hence a consensus to support psychiatric

findings.

Psychological testing involves the use of standardized psychometric instruments by a trained and

experienced clinical psychologist. Such tests are often used in the assessment of competency to

stand trial, child custody evaluations, criminal responsibility, violence risk assessments, and

personal injury litigation. To be admissible in legal contexts, tests must show validity and

reliability, and adequate sensitivity to identify true positives and adequate specificity to identity

true negatives. These federally recognized criteria are known as the Daubert standard and derive

from the 1993 United States Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc.

Some of the more commonly employed tests with these features used to detect Malingering will

be reviewed. It is acknowledged that there is no one gold standard that is considered definitive.

The use of multiple test measures and other collateral data aids in providing converging

supportive evidence.

The Minnesota Multiphasic Personality Inventory-2 is one of the most commonly employed

instruments used in detecting Malingering of mental illness. Some of its subscales are
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particularly useful. The F scale detects symptom exaggeration or severe psychological

disturbance. It is considered to be the best available discriminator of honest versus malingered

symptom profiles. It, however, is not sensitive to detecting neurocognitive dysfunction. The K

scale is considered good at detecting faking good or minimizing what the respondent perceives as

incriminatingly negative symptomatology; this is mildly negative symptomatology that an

ordinary person would openly admit to experiencing. The F-K scale indicates a tendency to

exaggerate symptoms. The F-psychopathology scale detects truly rare symptoms, and the D scale

and FBS scale expose erroneous stereotypes of illness.

The Wechsler Intelligence Scales also are used to determine strengths and weaknesses in areas of

intellectual functioning from verbal and performance perspectives. Gross abnormalities in

intellectual level such as forms of Mental Retardation and striking discrepancies in subtest areas

can be detected. Wechsler Memory Scales are also frequently used. Results are supplementary to

the other tests of Malingering described in this section.

The Structured Inventory of Reported Symptoms (SIRS), a very popular instrument substantially

gaining in use, is employed to test for feigned mental disorders and truly rare symptoms. The two

underlying dimensions in this test are the Spurious Presentation used to assess symptom

constellations that are unlikely true under any circumstances, and the Plausible Presentation used

to assess some symptoms that genuine patients are likely to endorse. Another instrument is the

Personality Assessment Test (PAI) also used to test for truly rare symptoms and unlikely patterns

of psychopathology. It can be completed in under one hour. The Validity Indicator Profile (VIP)

is a psychometric instrument employing verbal and nonverbal items to test for cognitive
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malingering; it takes less than one hour. VIP contains very easy as well as difficult items.

Malingered profiles show easy items, which non-malingerers pass, missed and difficult items

responded to at chance levels by malingerers. It should be noted that such tests are not suitable

for those with significant intellectual disabilities or mental retardation since such cognitively

limited persons may not try as hard or may give up easily and produce what are recognized to be

careless and invalid profiles. Task avoidance and low motivation also must always be considered

in assessing the results of psychometric tests.

The Test of Memory Malingering (TOMM) is a newer, more sophisticated malingering test. It is

becoming very popular and is widely used. It assesses exaggerated memory complaints, the

dissimulation of cognitive impairment, and detects subtle forms of malingering. Its classification

is based on the “floor effect,” which is a testing strategy that relies on the nonmalingering

individual’s easily passing most test items. Studies of its validation indicate excellent specificity

and modest sensitivity. It has a very high accuracy rate and its validity has been supported in a

forensic psychiatric population. The Millon Clinical Multiaxial Inventiory (MCMI-III) is a test

of malingering that detects tendencies to overstate emotional and personal problems. The Fifteen

Item Test (FIT) is a test of recall; it evaluates malingered neurocognitive deficits. The Miller

Forensic Assessment of Symptoms Test (M-FAST), a relatively new instrument, uses a

structured interview and is considered most efficient at distinguishing feigned from bona fide

schizophrenia. This tool is a screening device with highly validated studies confirming that it has

sound psychometric properties. The majority of its items represent psychotic or highly unusual or

improbable symptoms.
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The use of the polygraph or lie detector, drug-assisted (e.g., amobarbital) interviews, and

hypnosis are not considered standardized in an adequately scientific fashion and so are not

ordinarily used to detect Malingering. Ultimately, the only acknowledged gold standard that is

undisputed in confirming Malingering is full disclosure by the subject’s stating a deliberate

intention to malinger.

DIFFERENTIAL DIAGNOSES

The condition of Malingering may coexist with true mental disorders such as, for example,

Major Depressive Disorder, Anxiety Disorders, Bipolar Disorders, and Personality Disorders.

Careful assessment must discriminate genuine mental disorders and Personality Disorders from

the pretense of Malingering. Presentations are usually complicated and typically not

straightforward. Often more than one diagnosis and condition may exist together. In addition,

one must screen for intact cognitive status and rule out Dementias and intellectual disabilities

since these may inadvertently cause the patient to incorrectly describe what seem to be

symptoms. Such mistaken beliefs do not carry the motivation of intent to deceive and so must be

distinguished from Malingering.

Malingering traditionally has been contrasted primarily with two classes of mental disorders:

Factitious Disorders and Somatoform Disorders. Table 1.5 summarizes the differentiation of

Malingering from Factitious and Somatoform Disorders. Factitious Disorders are characterized

by physical, psychological, or mixed symptoms plus signs of illness that are intentionally
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produced or feigned secondary to an unconscious psychological need to assume the sick role.

This Axis I diagnosis always implies psychopathology. Its prevalence is uncertain but said to be

about 1%. Individuals with Factitious Disorder present their history in a dramatic fashion, but

tend to be vague regarding details. Pathological lying (i. e., pseudologia fantastica) may be

present. Intentionally feigned symptoms may include depression, amnesia, Posttraumatic Stress

Disorder caricatures, infections, pain, fevers, or neurological symptoms. Pain and requests for

analgesic medications are very common. The most severe and chronic form of Factitious

Disorder has been referred to as Munchausen’s syndrome, which includes recurrent

hospitalizations, peregrination (traveling), and pseudologia fantastica. Munchausen by proxy

refers to a form of maltreatment in which an individual in loco parentis fabricates or produces

physical, psychological, or combined illness in another to assume the vicarious sick role. Other

actual mental disorders and Borderline Personality Disorder may also accompany this.

Malingering differs from Factitious Disorders in that the malingerer’s intentionally feigned

symptom presentation is secondary to a conscious motivation regarding a recognizable external

incentive and not to an unconsciously motivated need to assume the sick role. The malingerer

seeks a tangible external incentive, which is usually material, not an abstract satisfaction

motivated by unconscious needs. The patient with Factitious Disorder unlike the malingerer is

often significantly self-injurious. Feigned symptoms are often accompanied by dangerous, self-

handicapping signs. Malingering and Factitious Disorders may not be diagnosed together. In

psychodynamic terms, the intentionally feigned signs and symptoms of Factitious Disorder

satisfy the unconscious need that the primary gain from an illness serves, that is, the

unconsciously determined transformation of conflict into symptomatology. By contrast, the


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symptoms feigned in Malingering are consciously motivated by the secondary gain or

environmentally recognizable advantages that they are intended to procure.

Somatoform Disorders are characterized by the presence of physical symptoms that are not

intentionally produced and are not under voluntary control. These complaints suggest a medical

condition but cannot be fully explained by a general medical condition, by the direct effects of a

drug substance, or by another mental disorder. Psychological factors, inferred to be dynamically

unconscious, are judged to have an important role in regard to the physical symptoms. In this

mental disorder, the patient appears to believe that their symptoms are real. Complaints are either

in excess of what would be expected from history, physical examination, or laboratory findings

or there may be the absence of objective findings to fully explain the clinical presentation. Other

mental disorders and genuine medical disorders may coexist with Somatoform Disorders.

Malingering differs from Somatoform Disorders in that the malingerer’s intentionally feigned

presentation of physical and psychological symptoms is under voluntary control. In Somatoform

Disorders only physical symptoms are present and they are not intentionally feigned and are not

under the patient’s voluntary control. Conversion Disorder within the Somatoform category is

susceptible to symptom relief by suggestion and by hypnosis unlike the situation in Malingering.

Malingering and Somatoform Disorders may exist together. Somatoform Disorders may also

exist with Factitious Disorders. If Factitious Disorder is diagnosed, Malingering may not be

added to Axis I as an additional condition.


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MALINGERING Ninivaggi

COURSE AND PROGNOSIS

Malingering when deemed present needs to be assessed in the overall biopsychosocial context of

the person’s life. The presence of diagnosable mental disorders, their histories, and their response

to psychotherapy and medications must be addressed. Any acute or chronic medical or surgical

problem(s) and its impact on the patient’s overall functioning need to be considered. In forensic,

hospital-related settings, or in military cases, Malingering may be context specific and change its

presentation or even disappear if circumstances change. Since malingerers do not usually comply

with treatment recommendations, the Malingering status often remains unaffected. Research in

this area is limited but shows that if reinforced, Malingering may continue; if malingered goals

are met, symptoms sometimes abate; if the malingerer becomes frustrated with current care,

other providers are sought.

TREATMENT AND MANAGEMENT

Since Malingering is regarded as a condition that may be a focus of clinical attention, no routine

or standardized interventions have been devised and recommended. A range of suitable

management approaches having clarification as a primary goal includes the following. (1) A

clear diagnostic delineation of any medical or psychiatric disorders, if present, in addition to

Malingering. (2) A mindful consideration of legal and ethical issues, especially reflected in the

medical record since Malingering is unlikely to be proved conclusively. (3) If the psychiatrist is
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MALINGERING Ninivaggi

the treater, a non-threatening approach of concerned neutrality and the avoidance of any abrupt

confrontation or accusations of lying. Clear recognition of issues of countertransference reactions

and prescience for the subtle impact of projective identification on all parties can minimize

inordinate distortions. The psychological boundary violations that result typically stir up adverse

and negative emotional responses that are counterproductive. Such unconscious information

transfers have important communicational value. They often act as defensive maneuvers whose

aim is to aggressively control and force the recipient to think and feel in ways the sender wishes.

The clinician might discuss that all findings indicate that no medical basis for the patient’s

symptoms can be found, and hence no medical or psychiatric diagnoses can be established.

Suggesting that the patient’s history appears incomplete or that something very important has

been left out may offer the patient a last opportunity to reveal the illness deception or, perhaps,

devise an explanation to save face. With tactful clarification, alternative strategies that are

healthier might emerge. Parsimonious, sensitive feedback might then encourage the patient to

shed further light on motivational impetus. In some cases, the patient may become angry,

respond defensively, and decide to go elsewhere. It is not often that a patient will openly admit to

malingering. (4) If the psychiatrist is a consultant, recommendations and management strategies

as suggested above can be provided directly to the referring party for implementation.

FUTURE DIRECTIONS

The introduction of Malingering into DSM III in 1980 brought about a vociferous reaction by

many non-medical specialists in a vigorous effort to question and to examine the validity of this
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MALINGERING Ninivaggi

attempt to medicalize deceptive illness behavior. What had seemingly been in the realm of an

orphan condition was and is now becoming the subject of intense debate. This is in contrast to an

alternate view, which emphasizes the person in terms of surgency, agency, having free will and

choice, and being able to make consciously planned decisions. From this perspective,

malingering as illness deception is said to be better regarded within the context of individual

responsibility, conscious choice, and social action. In such a framework, then, the emphasis in

malingering, it is advocated, should eschew an uncritical adoption of the medical model and take

into consideration legal issues and those having to do with social deviance. It has been stated by

those who advocate this position that patterns which are, in fact, “bad behavior” are incorrectly

being redefined as bona fide illnesses.

Many have debated the extent to which malingering has clear-cut legal implications as, for

example, its being equated with criminal fraud. It may be argued that the function of a medical

expert is not principally to make a judgment on an individual’s honesty since issues relating to

conscious and unconscious motivational factors are clearly involved and at best are ambiguous.

The medical expert’s role is to assess a clinical presentation, evaluate reported symptoms, render

diagnoses based on the best evidence possible, and suggest a treatment plan. This approach to

malingering clearly gives the physician a medical rather than legal or even moral role.

The effort to introduce more objectivity into the field of detecting malingering has produced

sophisticated test measures from the medical field. Detecting deception has shown some success
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MALINGERING Ninivaggi

by mapping brain correlates of lying. Functional magnetic resonance imaging (fMRI) has

demonstrated specific neurocircuitry in brain regions under conditions of simulated, mock crime

such as stealing. Truthful from deceptive responses, for example, were correctly identified in

90% of the model testing group. Similar brain imaging studies have shown that different cerebral

activation processes are involved when a symptom is subjectively experienced as real compared

to when it is intentionally feigned. Such objective data are intriguing but far from conclusive.

The entire area of malingering and all that it implies is complex. Obvious psychological,

psychiatric, monetary, social, legal, and philosophical issues, to mention merely a few, are at

play. Although it is laudatory to attempt to understand malingering in an objectively valid

manner as many in specialized fields are attempting to do, the explosion of research, conjecture,

simulation studies, and psychological testing has raised serious ethical questions. At this time,

there is no generally agreed upon consensus. In the author’s opinion, the psychiatric approach

with its relatively straightforward and non-judgmental guidelines, dedicated capacity for

examining multiple sources of information, and nosological reserve appears as a rational, if not

essential, player in the field.

SUGGESTED CROSS-REFERENCES

Factitious disorders are discussed in Chapter 16. The Somatoform disorders and pain are

discussed in Chapter 15; further differentiation of those disorders from malingering may be

found in those chapters. Chapter 8 outlines the clinical manifestations of psychiatric disorders.
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MALINGERING Ninivaggi

Schizophrenia is discussed in Chapter 12; Dementia, Delirium, Amnesic disorders, and other

disorders of cognition are discussed in Chapter 10. Intellectual disabilities such as Mental

Retardation and Borderline Intellectual Functioning are discussed in Chapters 34, and 26.3,

respectively. Dissociative amnesia is addressed in Chapter 17. Depressive disorders are reviewed

in Chapter 13. Anxiety and Posttraumatic stress disorder are discussed in Chapter 14. Attention-

deficit disorders are discussed in Chapter 39. Various personality disorders and traits, including

borderline, narcissistic, histrionic, and antisocial personality disorder, are elucidated in Chapter

23. Examination of the psychiatric patient and psychological and neuropsychological testing are

addressed in Chapter 7. Consultation-Liaison psychiatry is discussed in Chapter 24.11. Ethical

and forensic psychiatry are reviewed in Chapter 54.

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Cocchiarella L, Andersson G. Guides to the evaluation of permanent Impairment. 5th ed.

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Crossman A M, Lewis M: Adult’s ability to detect children’s lying. Behavioral Sciences and the

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*Iverson G L: Ethical issues associated with the assessment of exaggeration, poor effort, and

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TABLE 1.1 Contexts in Which Malingering May Present

1. Avoiding responsibility: military service; child or adolescent school avoidance


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MALINGERING Ninivaggi

2. Criminal forensic contexts: avoiding punishment, criminal liability, or seeking

transfer from prison to hospital (base rate incidence in criminal cases about 19%)

3. Medicolegal Contexts: to obtain financial gain, compensation cases (personal

injury 29%; disability 30%)

4. Emergency Department or Primary Care outpatient clinic visits to gain admission

to hospital as may be found in homeless persons seeking shelter

5. Outpatient settings: Medical requests to obtain drugs such as controlled

substances, narcotics, minor tranquilizers, or psychostimulants

TABLE 1.2 Clinical Presentations of Malingered Symptomatology


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MALINGERING Ninivaggi

1. Physical: Pain and incapacity due to injury or chronic medical condition;

Pseudoseizures

2. Psychological:

PTSD

Depression

Amnesia

Psychosis

Intellectual disabilities, MR, Borderline Intellectual Functioning, Dementia

Miscellaneous disorders: Attention -Deficit/Hyperactivity disorder

TABLE 1.3 Degrees of Certainty for Coding Malingering


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MALINGERING Ninivaggi

1. Indeterminate Findings suggest the possible presence of Malingering according

to DSM IV-TR guidelines but are currently too ambiguous,

insufficient, and unsupported by collateral evidence

2. Strongly Suspected Findings are consistent with basic DSM IV-TR guidelines

but lack typically associated features and contexts; collateral

support is equivocal

3. Provisional Findings are consistent with basic DSM IV-TR guidelines although

currently incomplete or of too brief a duration, yet a strong presumption

exists that more complete indicators will be found over time

4. Probable Findings are consistent with basic DSM IV-TR guidelines,

associated features and contexts are present, but there is a lack strong

confirmation from collateral sources, especially psychological testing

5. Present Findings are consistent with basic DSM IV-TR guidelines,

associated features and contexts, and are supported by a

preponderance of evidence from most collateral sources

TABLE 1.4 Clinical Decision Model for Coding Malingering on Axis I


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MALINGERING Ninivaggi

1. Intentional production of false or grossly exaggerated physical or psychological

symptoms.

2. Motivation by external incentives:

A. avoiding military duty

B. avoiding work

C. obtaining financial compensation

D. evading criminal prosecution

E. obtaining drugs

F. adaptive behavior (e.g., feigning illness while a captive of the enemy during

wartime)

3. Medicolegal context

4. Marked discrepancy between a person’s claimed stress or disability and the objective

findings

5. Lack of cooperation during the diagnostic evaluation or in complying with treatment

6. The presence of Antisocial Personality

TABLE 1.5 Differentiating Malingering from Factitious and Somatoform Disorders


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MALINGERING Ninivaggi

Malingering Factitious Somatoform

Presentation: Psychological/Physical Psychological/Physical Physical

Symptoms Signs and Symptoms Symptoms

Deliberate Feigning: Yes Yes No

Inferred Motivation: Cs desire for tangible gain Ucs need to assume sick role Ucsly

determined

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