YEAR

DISABILITY

AUTHOR SOURCE SELECTION ABSTRACT
2009 Adaptive behavior misconceptions about criminal defendants with a mental retardation claim-a response to Widman and Siperstein George Denkowski PhD psychology journal 10780 Upon conducting national surveys over two decades ago regarding mentally retarded offenders in the United States criminal justice system (1, 2), it became evident to us that no standardized instrument had been developed for quantifying accurately the adaptive behavior of members of that sociocultural subgroup. This void persists, its adverse impact has been exacerbated by many misconceptions that have been injected into criminal proceedings involving a mental retardation claim. As a result, adaptive behavior evaluation has become a focal point of controversy among psychologists. We therefore expected that some opposition would be expressed to the adaptive behavior evaluation model that we introduced recently (3). But our methodology is theoretically sound and has been well-received by fact finders. Moreover, no other system has been proposed in the professional literature which systematically, transparently and quantitatively accounts for the shortcomings inherent in the use of contemporary standardized instruments to establish the adaptive behavior of criminal defendants. We respond here to the reservations Widaman and Siperstein expressed in this issue regarding our evaluation model (4). We begin by outlining its procedures, and then examine each of their concerns.
2008 The death penalty and the mentally retarded Donna Veraldi PhD
Lorna Veraldi JD
Psychology journal 5254 In 2002 the United States Supreme Court held that executing the mentally retarded violates the Eighth Amendment prohibition on cruel and unusual punishment. In theory, the Supreme Court s decision means that no mentally retarded defendant will ever again face execution. However, the Court left it to the states and to juries to decide who is mentally retarded. Prejudices shared by judges, prosecutors, jurors and even some forensic experts may mean that retarded defendants who do not fit common stereotypes about mental retardation may still be subjected to capital punishment, making administration of the death penalty more arbitrary and capricious than before.
2008 Adaptive behavior assessment of criminal defendants with a mental retardation claim George Denkowski PhD
Kathryn Denkowski EdD
psychology journal 7001 no abstract now
2008 Aftermath of Atkins: a perspective on managing the death penalty and mental retardation cases
Clarence Watson, J.D., M.D.
Kenneth Weiss, M.D.
psychiatry CD 10616 The United States Supreme Court decision in Atkins v. Virginia held that the Eight Amendment of the U.S. Constitution prohibits capital punishment of mentally retarded defendants. The Supreme Court, however, left for the individual states the task of adopting procedures to legally determine the presence of mental retardation. The presenters will explore the evolution of judicial treatment of mental retardation and the death penalty and will discuss a recent state court decision in State of New Jersey v. Jimenez (2007) and its approach to managing the requirements of Atkins. Important considerations for the forensic psychiatrist to bear in mind in criminal cases where a diagnosis of mental retardation must be appropriately established in order to avoid the death penalty will be outlined.--Clarence Watson, J.D., M.D. is Assistant Professor of Psychiatry and Associate Director of Residency Training, Dept. of Psychiatry, Jefferson Medical College, Thomas Jefferson University Hospital. Kenneth J. Weiss, M.D. is Clinical Professor of Psychiatry, UM.D.NJ-Robert Wood Johnson Medical School, and is also in the private practice of forensic psychiatry in Bala Cynwyd, PA.
2008 My disability made me do it! James J. McDonald, Jr., J.D. psychiatry CD 10633 Previously, most courts held that an employee's job-related misconduct was not protected under the Americans with Disabilities Act even if the misconduct was caused by a medical or psychiatric disorder. Recently, this trend has begun shifting. Courts are now holding that even threatening conduct by an employee may be protected under the ADA if it can be tied to a psychiatric condition. This presentation will examine this shift in the law and its implication for psychiatrists who serve as fitness-for-duty examiners.--Attorney James J. McDonald, Jr. is managing partner of the Irvine office of Fisher & Phillips, a national labor and employment law firm, and editor of the treatise Mental and Emotional Injuries in Employment Litigation.
2008 The death penalty and the mentally retarded Donna M Veraldi PhD
Lorna Veraldi JD
psychology journal 10783 In 2002 the United States Supreme Court held that executing the mentally retarded violates the Eighth Amendment prohibition on cruel and unusual punishment. In theory, the Supreme Court s decision means that no mentally retarded defendant will ever again face execution. However, the Court left it to the states and to juries to decide who is mentally retarded. Prejudices shared by judges, prosecutors, jurors and even some forensic experts may mean that retarded defendants who do not fit common stereotypes about mental retardation may still be subjected to capital punishment, making administration of the death penalty more arbitrary and capricious than before.
2007 Case Study of a Mentally Disordered Offender with Mental Retardation A Diagnostic Dispute Telford Moore PhD psychology CD 10356 Many psychologists and psychiatrists, over many years and many separate offenses, determined that Q.M. met California criteria for designation as a mentally disordered offender. A diagnostic change rendered the offender designation, and associated placement and treatment at a state hospital, moot. The Regional Center (California s system of service provision for persons with mental retardation) objected and argued for a more restrictive placement. A Superior Court hearing upheld the state hospital. On appeal, the appellate court acknowledged the Regional Center s argument and ordered a placement consistent with treatment needs.
2007 Personality and Somatoform Disorders in Forensics and Claims for Disability Les Kertay, PhD psychology CD 10360 Incidence estimates show that 10-15% of the population meets criteria for one or more personality disorders and that somatoform disorders are of relatively high frequency in those with nonspecific medical complaints. The presenters contend that significant features of personality disorder impact even more adults seen in clinical practice than incidence estimates suggest, that there is a blurred line between personality and somatoform disorders, and that both are common in those who claim long-term disability with psychiatric features.
2007 Forensic Assessment of Psychological Injuries: Empirical Methods and Professional Pitfalls William Koch PhD psychiatry CD 10389 Compensation and disability claims associated with psychiatric disorders such as posttraumatic stress disorder (PTSD), depression, and other anxiety disorders have become increasingly common in torts, workers' compensation, and employment disability settings. The law has come to increasingly compensate claims for psychological injuries (PI) and the scientific research base regarding the prevalence, course characteristics, and functional impact of these conditions has expanded dramatically in the last twenty years. However, there are still many questions asked of forensic mental health professionals for which the current psychological/psychiatric scientific knowledge base does not provide adequate guidance. Related to this scientific gap, there remains a significant gap between common forensic practice and our knowledge of best practices and the empirical limits of forensic assessment. After the presentation, participants should be able to identify common emotional states/disorders within psychological injury claims; appreciate the empirical limits of expert opinions within psychological injury assessments and understand common errors in such assessments.
2007 WAIS-III IQs of criminal defendants with a mental retardation claim should not be reduced for the Flynn Effect
George Denkowski PhD
Kathryn Denkowski EdD
psychology journal 7012 It is generally accepted that as intelligence tests' norms age, they tend to produce slightly higher IQs. This phenomenon has come to be called the "Flynn effect," after the person who attempted to measure the rate at which it occurs. On the basis of his work, Flynn came to believe that WAIS-III full scale IQs have inflated by 0.30 points annually since that test s development in 1995, and by an additional 2.34 points due to its "flawed" norms. In response, he began to advocate that WAIS-III full scale IQs of criminal defendants who claim mental retardation should be decreased by those amounts. In this article, we review Flynn's evidence for his two WAIS-III IQ inflation theories. From a scientific perspective, we find that they are not supported by his data. We conclude that reducing WAIS-III full scale IQs for the "Flynn effect" is an unscientific practice, and provide some guidance for dealing with this phenomenon in court.
2006 Mental retardation and the death penalty: understanding the standards of practice Grele J psychiatry tapes 10233 This presentation will focus on the current definitions of mental retardation in capital cases, and on the standards of practice for mental health experts and lawyers alike when preparing and presenting testimony on the subject.
2006 Mental retardation: a life and death issue Valerie McClain PsyD psychology tape 3255 This presentation will focus on the forensic psychologist s role in assessment and testimony in death penalty mitigation involving mental retardation. Relevant case law, including the Atkins v. Virginia ruling and related standards for proper assessment of mental retardation, will be discussed. Test selection for both determining intellectual level and adaptive functioning will be explored, including identifying relevant discrepancies based on instruments selected. Similarly, the use of collateral and archival data will be discussed. Case examples will be used to illustrate appropriate assessment and testimony at the pretrial and post-conviction level. Attendees will be able to 1) identify appropriate instruments to use in determining mental retardation in death penalty cases and relevant differences between tests, and 2) understand and apply important ethical standards for the forensic expert in assisting in death penalty cases involving the question of mental retardation.
2006 Back on death row: the critical role of the forensic psychologist when mental retardation is an issue Donna Veraldi PhD
Lorna Veraldi JD
psychology tape 3257 In 2002, in Atkins v. Virginia, the United States Supreme Court held that executing the mentally retarded is unconstitutional. Three years later, Daryl Atkins, the appellant in that landmark case, is back on death row, after he was found in a new trial not to be mentally retarded. His case illustrates the critical role of the forensic psychologist when mental retardation is an issue in capital cases. Attendees will be able to 1) explain the importance of state standards in defining and determining who is ineligible for the death penalty due to mental retardation, and 2) describe the critical role of the forensic expert in gathering and interpreting data relevant to determining whether a defendant is retarded.
2006 Mental retardation and the death penalty-understanding the standards of practice John Philipsborn JD psychiatry tape 3258 no abstract now
2006 Mental retardation: a life and death issue Valerie McClain PsyD psychology CD 10728 This presentation will focus on the forensic psychologist s role in assessment and testimony in death penalty mitigation involving mental retardation. Relevant case law, including the Atkins v. Virginia ruling and related standards for proper assessment of mental retardation, will be discussed. Test selection for both determining intellectual level and adaptive functioning will be explored, including identifying relevant discrepancies based on instruments selected. Similarly, the use of collateral and archival data will be discussed. Case examples will be used to illustrate appropriate assessment and testimony at the pretrial and post-conviction level. Attendees will be able to 1) identify appropriate instruments to use in determining mental retardation in death penalty cases and relevant differences between tests, and 2) understand and apply important ethical standards for the forensic expert in assisting in death penalty cases involving the question of mental retardation.
2006 With faces hidden while the walls were tightening: applying international human rights standards to the practice of forensic psychology Michael Perlin JD psychology CD 10729 There has been remarkably little written about the specific relationship between forensic psychology and international human rights standards (and about the relationship between mental disability law and such standards in general). The presenter will seek to offer some preliminary insights into this issue by looking at 1) the range of cases in which forensic psychologists typically evaluate persons in the criminal justice system and then testify as to their findings, 2) the range of standards of practice in such matters, 3) the role of lawyers in the resolution of these issues, 4) the extent to which the work of forensic psychologists is examined critically by courts and/or licensing boards, 5) the special issues posed when this question is examined in the context of nations with developing economies, and 6) the extent to which such work meets international human rights norms. The presenter will offer suggestions as to how such norms can more effectively be met, by recommending that licensing and review boards specifically build such norms into their evaluation processes, and by considering different strategies to best insure that there is adherence to such norms in forensic practice.
2006 Back on death row: the critical role of the forensic psychologist when mental retardation is an issue Donna Veraldi PhD
Lorna Veraldi JD
psychology CD 10730 In 2002, in Atkins v. Virginia, the United States Supreme Court held that executing the mentally retarded is unconstitutional. Three years later, Daryl Atkins, the appellant in that landmark case, is back on death row, after he was found in a new trial not to be mentally retarded. His case illustrates the critical role of the forensic psychologist when mental retardation is an issue in capital cases. Attendees will be able to 1) explain the importance of state standards in defining and determining who is ineligible for the death penalty due to mental retardation, and 2) describe the critical role of the forensic expert in gathering and interpreting data relevant to determining whether a defendant is retarded.
2006 Mental retardation and the death penalty-understanding the standards of practice John Philipsborn JD psychiatry CD 10733 This presentation will focus on the current definitions of mental retardation in capital cases, and on the standards of practice for mental health experts and lawyers alike when preparing and presenting testimony on the subject. John Grele, J.D. is an attorney in San Francisco who has handled capital cases at trial and in the post conviction stage.
2005 Art and science of the IME: the crucial elements in evaluating disability and injury claims Richard Harris MD psychiatry tapes 3155 This presentation explores our shared and differing assumptions about disability/psychiatric injury, the diagnostic process, causation and report writing. A psychoanalytically informed perspective is presented. As examples, learning and telling the story of each claim and claimant is related to psychodynamic understanding and characterology. The information deficits that plague many evaluations are comparable to resistance. Immediate transference and countertransference phenomena provide invaluable diagnostic data. Other topics include credibility, functional capacity and differentiating objective and subjective data. Report samples will be used to emphasize the creative challenges of bringing the claimant to life on the page and providing a strong, data-based conclusion.
2005 Iatrogenic contributions to disability Thomas M. Pendergrass, RN, PhD
Les Kertay, PhD
psychology tape 3189 Psychologists are often in a position to have tremendous influence, for both good and ill, on a patient s functionality with respect to work and other aspects of daily living. The presenters will explore some of the obvious and subtle ways in which psychologists can unwittingly contribute to disability in psychotherapy patients and subjects examined in forensic psychological or neuropsychological settings. Participants will be able to describe (and outline strategies for alleviating or managing) potential iatrogenic factors in psychotherapy, psychological or neuropsychological assessment that may exacerbate disability and dysfunction in patients; and describe the ethical and legal implications of potential iatrogenic factors in psychological assessment and treatment.
2004 The death penalty and the mentally retarded: the role of the psychologists after Atkins v. Virginia Donna Veraldi PhD
Lorna Veraldi JD
psychology tape 3100 Attendees will understand the States' criteria for establishing and defining mental retardation and the role of the psychologist in capital cases in which mental retardation is a factor
2003 Atkins v. Virginia: mercy for the mentally retarded-maybe Alan A Abrams MD, JD psychiatry tapes 3002 no abstract at this time
2003 Atkins v. Virginia and its impact on the mentally retarded capital offender Marc L Zimmermann PhD psychology tape 3060 The recent Supreme Court ruling in Atkins v. Virginia will be reviewed, along with the criteria established to diagnose mental retardation in a capital murder case. Methods to effectively present a diagnosis of mental retardation which meets the requirements will be offered.
2002 Conducting an effective fitness-for-duty mental examination under the ADA James J. McDonald, Jr. psychiatry tapes 2034 Increasingly, psychiatrists are called upon to conduct mental examinations to determine whether employees are fit for duty within the meaning of the Americans with Disabilities Act. This presentation will include a brief overview of ADA law applicable to mental disabilities and illustrate the kinds of preparations that are essential to an effective fitness for duty examination, what should be considered during such an examination, and how and to whom the results of the examination should be communicated.
2002 Validation and norms for sentence completion task scales to assess misrepresentation during disability assessment Richard Lanyon PhD psychology journal 488 no abstract at this time
2001 Mental disabilities under the Americans with Disabilities Act James J. McDonald, Jr. psychology tape 10270 Mental disability claims are now the leading type of claim brought under the Americans with Disabilities Act. This seminar, presented by an attorney who assisted in the drafting of the ADA and who has handled numerous ADA cases, will examine how the Americans with Disabilities Act applies to mental disabilities, and how it is determined whether a particular condition qualifies for coverage. It will examine the psychiatrist s role in conducting "fitness for duty" examinations, including adequate preparation for the exam and the limits on what may lawfully be communicated to the employer afterward. It will also examine the duty of an employer to "reasonably accommodate" a mentally disabled employee, as well as the psychiatrist s role in helping to arrive at an appropriate accommodation. Learning objectives: Attendees will learn about the specific roles that the forensic psychiatrist can play in the context of mental evaluations and as experts.


2000 Impact of the ADA on institutionalization of defendants with mental disabilities Professor Michael L. Perlin
psychiatry tapes 1118 The Supreme Court s recent decision in Olmstead v. L.C., finding a qualified right of institutionalized persons with mental disabilities to community services under the Americans with Disabilities Act, forces reconsideration of the ADA as a source of rights for such persons.
2000 Evaluating and recognizing atypical mental retardation in forensic assessments Timothy D. Derning, PhD psychology tape 1035 Recent estimates place over 5,000 inmates with mental retardation in California prisons. Many others are mixed in the larger criminal justice system. Persons with mental retardation in the criminal justice system are often "atypical" and remain unidentified. This presentation will outline the necessary elements of a proper forensic evaluation protocol in which mental retardation is possible, including clinical presentation, appropriate test selection, interpretation and diagnostic factors, malingering checks, and overlap among mental retardation, mental illness, and the sociopathic personality. Treatment, placement and sentencing recommendations will be discussed.
2000 Roles for personnel and forensic psychologists in Title VII and ADA claims Valerie R. McClain, Psy.D. psychology tape 1037 The Civil Rights Act of 1991 entitles Title VII and Americans with Disabilities Act (or ADA) plaintiffs to compensatory damages, thus expanding the role of personnel and forensic psychologists in EEO claims. The personnel psychologist examines employer selection errors and the forensic psychologist examines how such errors impact emotional well being. This presentation has two parts: 1) an overview of key legal issues in Title VII and the ADA; and 2) sample cases illustrating these two roles, including a Title VII sexual harassment claim and an ADA claim of failure to reasonably accommodate.
1999 Avoiding pitfalls in consultation-Pettus v. Cole Allan R Gerson PhD psychology tape 1139 no abstract now
1997 Disability and "disabled" status-a cluster of problems Ronald Shlensky MD, JD psychiatry tapes 1277 Up to 75 percent of individuals injured in compensable accidents fail to return to gainful employment two years after legal settlement. The view that most patients become symptom free and resume work shortly following settlement of their claims is not supported.
1997 Explosive growth of psychiatric disability Joseph Berger MB, BS, FRCP (C) psychiatry journal 1523 Major depression was the most common diagnosis made, for just over 40 percent of the patients. The second largest group were those with a diagnosis of a pain or somatoform disorder, a little under 20 percent. The third largest group were those with a personality disorder, just under 12 percent, and the fourth largest group, just over 8 percent, were those patients diagnosed as having the chronic insidious form of depression known as dysthymia. Anxiety disorders and adjustment disorders, each with just over 6 percent, were the only two other diagnostic groups with more than five percent of the patients.

1995 Faking it-non-English speaking applicants for social security disability who falsify claims Kathleen Mayers PhD psychology journal 2504 The prospect of receiving financial support for the rest of one s life is enticing for many individuals. Applicants for social security disability may be highly motivated to present themselves as being emotionally and cognitively disabled, with severe intellectual and memory deficits. The difficulties of assessing non-English speaking individuals complicates the evaluation process greatly. Cases are described in which social security disability applicants presented themselves as functioning at an extremely low level; in these cases, there were numerous indications of malingering. Suggestions are offered for those who evaluate disabled individuals to increase the likelihood of identifying those who feign deficits. 3 cases.
1993 Issues in the determination of serious mental retardation as a protection from execution J Robert Noonan PhD psychology journal 6204 Recent statutes defining serious mentally retarded defendants as not subject to execution raise issues for the psychologist in the evaluation of such defendants. Particular difficulties arise with regard to obtaining valid measures in a potentially lethal context.
1992 Mental retardation as a defense to criminal behavior Dr Verdun Trione psychology tape 1989 Expert psychologist and defense attorney review a case in which mental retardation was used as a legal defense. The case involving a firebombing that resulted in the death of two victims. Two teenage perpetrators and their 33-year-old driver were tried separately for the crime.
1992 Clinical loyalties and. forensic duties of the psychiatrist Michael L. Perlin JD
psychiatry tapes 10218 Author of Mental Disability Law: Civil and Criminal explains how power imbalances affect relationships in the forensic mental disability system and between therapists and their clients. This legal scholar ponders the impact of the "dual loyalty" dilemma on forensic relationships, and also the way courts deal with this dilemma.
1990 Establishing mental retardation in capital defendants George Barolff PhD psychology journal 6047 Many offenders who might have been classified as "mentally retarded" prior to trial are not so identified. Absence of that diagnosis can, literally, be a matter of life and death.
1989 Workers' compensation cases in California-new regulations for rating of permanent psychiatric disability Richard Marsh PhD psychology journal 5170 During the past decade, there have been more workers claiming psychic injury from industrial stresses. This has amounted to a change of emphasis, and of meaning of the term. Today, an applicant does not have to show a physical lesion or biochemical dysfunction in order to demonstrate a psychic injury. He or she can show such an injury with psychological test and interview data.
1987 Psychiatric disability- subjective and objective measurement scales Marshall Cherkas MD, PhD psychiatry journal 5066 In recent years there has been a tremendous increase in psychiatric disability and concern about measurement of disability in an objective way. Previously, there had been a very limited measuring scale developed by the Social Security Administration. Subsequently, there have been meetings designed to add psychological tests to objectify this issue. Herein is an attempt to list and rate factors that affect disability in comprehensive measurements.
1987 Psychiatric disability- subjective and objective measurement scales Marshall Cherkas MD, PhD psychiatry journal 10206 In recent years there has been a tremendous increase in psychiatric disability and concern about measurement of disability in an objective way. Previously, there had been a very limited measuring scale developed by the Social Security Administration. Subsequently, there have been meetings designed to add psychological tests to objectify this issue. Herein is an attempt to list and rate factors that affect disability in comprehensive measurements.
1986 Reinstatement of mental disability social security benefits Werner Tuteur MD psychiatry journal 5299 no abstract now
1983 Effects of compensation and litigation on disability following compensable injuries George Mendelson MB, BS,FRANZCP psychiatry journal 5228 This paper reviews the literature dealing with the effect of litigation and settlement of compensation claims on disability and return to gainful employment. the literature on this subject does not support the view that patients invariably become symptom-free and resume work with months of the legal settlement of their claims. Up to 75 percent of individuals injured in compensable accidents fail to return to gainful employment two years after legal settlement. The view that most patients become symptom free and resume work shortly following settlement of their claims is not supported.
1981 Relevance of objective assessment to medicolegal psychiatry Kurt Nussbaum MD

Jose Puig MD, Jose Arizaga MD
psychiatry journal 5180 Disability law and regulations have actually contributed to evolving an objective methodology on the basis of two principles, namely: uniformity of adjudicative procedures and parity across diagnostic categories. With regard to parity, no preferential treatment is given a claimant regardless of whether the diagnosis is cardiovascular disease, schizophrenia or alcoholism. In each instance, the disability decision rests on the severity of the impairments, and absence of severity leads to a denial of the claim.