ABSTRACT
Forensic neuropsychological testing is growing in importance in the adjudication of disability benefit claims. Although the majority of courts have ruled that claimants are not required to provide strictly “objective” evidence of disability (Mitchell v. Eastman Kodak, 1997), neuropsychological testing bolsters a disability claim and substantially increases the likelihood of benefit payments. Moreover, although the Social Security Administration does not differentiate between physical and mental disabilities, some self-funded disability plans refuse altogether to cover “mental” impairments, and most long-term disability insurers limit the length of time disability benefits may be paid to claimants suffering from “mental” disorders. Such distinctions have survived challenges under the Americans with Disabilities Act (2008) based on court rulings (EEOC v. Aramark Corp., 2000; EEOC v. Staten Island Savings Bank, 2000; Weyer v. Twentieth Century Fox, 2000), finding that the ADA does not regulate the content of insurance policies. Thus, the principal means of challenging the applicability of such exclusions and limitations, which are usually applied only to functional mental impairments, is for the claimant to come forth with evidence of an organic impairment, the proof of which may be established or corroborated by neuropsychological testing.
