![]() ![]() ![]() One recent court order struck the use of the FBS where the Court opined that “he preponderance of the evidence does not support contention that the FBS is now generally accepted in the psychology community.” The Court concluded that the FBS is “very subjective and dependent upon the interpretation of the person using or interpreting the circumstances and there is a high degree of probability for false positives.” There is also an acknowledged bias against women and those with demonstrated serious injuries which makes the FBS unreliable. These include (1) inadequate description of the item selection procedures (2) lack of independent and empirical verification of the rationally selected items (3) no description of the criteria used to determine personal injury claimants who appeared ‘notably credible’ (4) no description of any sound procedure used to determine those ‘who appeared clearly to be malingering’ (5) no information about the population from which the subjects were selected (6) use of small sample sizes that can lead to unstable findings (7) lack of descriptive information, other than mean age and gender of the samples (8) failure to consider gender differences in responding to the selected items (9) use of weighted estimates to calculate the mean scores of the normative sample and psychiatric inpatients that did not allow presentation of Sds (standard deviations). Numerous flaws exist in the original methodology and conclusions underlying the development of the FBS. One area of particular concern for clients has been the reliance (and perhaps over reliance) upon the results of a particular aspect of the Minnesota Multiphasic Personality Inventory (MMPI-2), known as the Fake Bad Scale (FBS). Issues Regarding MMPI-2 Fake Bad Scale (FBS) A battery of neuropsychological tests can help to identify how or where our client is suffering cognitively, and effective utilization of such testing can help lawyers prove our client’s impairment. Many of our clients who suffer with Chronic Fatigue Syndrome (CFS), fibromyalgia, lyme, and migraines, have cognitive difficulties (and not simply depression). ![]() Neuropsychological Testing for Non-Depression/Anxiety Claims These conditions include Fibromyalgia, Chronic Fatigue Syndrome, Lyme Disease, Migraines, and even orthopedic impairments. There are several conditions, beyond the easily identified depression and anxiety impairments, where insurers have become more aggressive in pursuing psychological and neuropsychological testing. Testing for Psychological and Neuropsychological Conditions ![]()
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