Do not purchase an SVT or other metrics designed to address inconsistent symptoms
or behavior as part of a CE. There is no test that, when passed or failed, conclusively
determines the claimant’s motivation. Malingering requires a deliberate attempt to
deceive.
Examples of an SVT include, but are not limited to:
-
•
Rey 15 Item Memory Test (Rey-II),
-
•
Miller Forensic Assessment of Symptoms Test (M-FAST),
-
•
Millon Clinical Multiaxial Inventory,
-
•
Minnesota Multiphasic Personality Inventory, Second Edition (MMPI-2),
-
•
Malingering Probability Scale,
-
•
Structured Interview of Reported Symptoms,
-
•
Test of Memory Malingering (TOMM), and
-
•
Validity Indicator Profile.
When results of an SVT are part of the medical evidence of record, consider them along
with all of the relevant evidence in the case record (DI 24583.050D.9). Evaluate symptoms using the two-step symptom evaluation process explained in DI 24501.021. Do not make adjudicative findings or conclusory statements about potential malingering
as part of the final determination.
EXCEPTION: In the rare case when an SVT is required at the Administrative Law Judge hearing level
or appeal (e.g., testing ordered pursuant to a court order), the Office of Disability
Policy (ODP) will approve SVT requests on a case-by-case basis. When necessary, the
Office of Hearing Operations (OHO) will email ^ODP Controls for pre-approval and copy
both ^ODP OMP Controls and ||DCO ODD.
REMINDER: Consider referring a case with evidence suggestive of fraud or similar fault to the
servicing Cooperative Disability Investigations Unit (CDIU) or the Office of Inspector
General (OIG) for investigation. For more information on how to make a referral for
possible investigation, see DI 23025.015.