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Part Two: Managing
Psychiatric Disability Cases


              

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The ABCs of Managing Psychiatric Disability Cases is a recently updated on-line version of an FHIPA publication distributed to insurance disability specialists and adjusters. Written by Dr. Leonard Grossman and adapted for the web by Mr. Michael Castellano, Part Two, Managing Psychiatric Disability Cases, details our flexible, five step strategy for managing psychiatric disability cases and improving the IME process. Part Two also includes sample letters and correspondence and cites actual confidentialized case histories and outcomes.


Part Two: Managing    
Psychiatric Disability Cases


 

Table of Contents

Managing Psychiatric
Disability Cases

A Flexible, Five Step Process
The road to cost-effective management of psychiatric disability claims begins with early intervention and professional input and advice. The first three months in a case are the most critical; if an effective treatment regimen is not begun immediately, prospects for a full recovery will be considerably diminished.

While insurers cannot directly intervene in the treatment process, there are concerete measures and strategies which, when implimented correctly, increase the likelihood that disabled claimants will recover sufficiently enough to return to work. Early intervention is equally important in cases where malingering, symptom exaggeration, or faking is suspected.

No matter how seasoned a disability specialist may be, it takes an experienced mental health professional to fully grasp the dynamics of a case and determine the best course of action. Far too many cases have crossed my desk which were not reviewed or IMEd until it was too late to have any meaningful impact.

FHIPA employs a flexible five-step professional case management process to evaluate psychiatric disability cases. Depending on your company's needs and requirements, we can employ all, one, or any combination of following measures:

  1. Peer review the case file and determine which case management steps and strategies should be pursued.

  2. Formulate a "peer-to-peer" request for a detailed written treatment and diagnostic summary from the care giver.

  3. Determine the type of IME specialist required and draft an individualized IME questions letter which translates insure-related issues into clinical questions the examiner can fully address.

  4. Summarize and review the IME findings and furnish the insurer with detailed follow-up recommendations.

  5. Monitor cases with recovery potential, maintain contact with care givers, and determine the optimum time frame for follow-up IMEs.

FHIPA's five step case management process has a proven track record for successfully resolving psychiatric disability cases.

On the following pages, our five step process is described and documented in more detail. Whenever possible, we cite actual case histories (confidentialized, of course) to illustrate our points. We welcome your comments and opinions on our tactics and strategies, and hope the information which follows will be helpful to you in your day-to-day case management affairs.

Sincerely,
Dr. Leonard Grossman Signature
Leonard Grossman, Ph.D.
President, The Forest Hills IPA Inc.
Diplomate, The American Board of Forensic Examiners


Table of Contents   
Obtain a detailed treatment summary.
One of the main obstacles to successful early intervention is the inordinate time it takes to accumulate and gather enough information to properly evaluate a claim. It's hard to act quickly and decisively when the case folder is empty except for a few insurance forms, and your consultant has nothing of a clinical nature to review!

Sample Treatment Summary Request
At FHIPA we solve that problem by promptly writing to the care giver and requesting a detailed treatment summary. We prepare an individualized letter, from one professional to another, which requests detailed diagnostic information, past and present history, reported symptoms and their severity, family situation, the current treatment regimen, etc. We even offer to pay for the care giver's response -- a small investment with a huge potential dividend. Below is a confidentialized sample treatment summary request:

The Forest Hills IPA Inc.

110-21 73rd Road, Suite 1-J, Forest Hills, NY 11375                (718) 786-1328 Fax: (718) 937-6529

Confidential Request for Patient Information

July 21, 1996
To:
Dr. Roy Cordero
1503 St. George Avenue
Colonia, NJ 06067

Requested By: Mutual American Insurance Company, Mr. Andy Smith
Claim #: 123-456789
Name of Patient\Claimant: Mr. Samuel Maverick

Dear Dr. Cordero:

I am writing to you today as a psychiatric disability consultant for Mutual American Insurance Company to obtain medical information to assist in evaluating the disability status of your patient, Mr. Samuel Maverick. Attached are copies of the patient's signed release form and a letter of representation from the insurance company.

Please furnish the following information at your earliest possible convenience:

  1. All working diagnoses applicable to Mr. Maverick's condition, and the symptomatic features supportive of such diagnoses. (Please use standard DSM-IV terminology and be sure to provide information on all five DSM-IV axes.)

  2. A description of your current treatment approach and plan. Please include the frequency and length of visits for any and all therapeutic modalities in which the patient currently participates, their theoretical orientation, their short-term and long- term goals, goals achieved to date, and the estimated length of time which will be required to achieve each of these goals.

    Also, according to the records provided me, Mr. Maverick is seen on a monthly basis. Given the persistence of his symptoms, do you believe more intensive psychotherapeutic treatment may be warranted?

  3. Past and present pharmacological regimens employed to treat Mr. Maverick's symptoms and conditions, along with the patient's objective and subjective responses to them. Also, if future plans are being considered for alternative medication trials, please describe them in as much detail as possible and provide your time table for their commencement.

  4. To the extent possible, please provide a detailed psychiatric history for Mr. Maverick, including the approximate time frames for the onset of each diagnosed condition and the nature and scope of any prior treatment regimens administered.

  5. Please describe the specific nature of Mr. Maverick's present psychological/psychiatric limitations and disabilities, and state whether or not Mr. Maverick may be able to return to his former occupational work in a reduced (or part-time) capacity, or if placed in a less stressful/demanding environment.

  6. Your prognosis regarding Mr. Maverick's prospects for future recovery and a return to his former occupational work. Specifically, is Mr. Maverick still on your estimated time table for returning to work in 3 to 6 months back-dated from 5/12/96, the date of your last disability report? (Also, back on 10/21/95 you made a similar projection of 3 to 6 months for a return to work. In light of the fact that Mr. Maverick's condition does not warrant a diagnosis of Major Affective Disorder, yet has apparently proven resistant to treatment, do you have any considerations at this time regarding a change in his psychotherapeutic and/or pharmacological treatment regimens?

Your prompt attention to this request will be greatly appreciated. If there will be a charge for your treatment summary, please contact me at (718) 786-1328 for approval of your estimated fee. If you prefer to be interviewed at a convenient time and date rather than reply in writing, you may contact me at the same number.

Sincerely,
Dr. Leonard Grossman Signature
Leonard Grossman Ph.D.,
Psychiatric Disability Consultant

enc:  Signed Release of Medical Information Form by Mr. Samuel Maverick
         Authorized Letter of Representation from Mutual American Insurance Company

In case you're curious, the above confidentialized request yielded a very interesting treatment summary in which the care giver cleared the claimant to return to work part-time (20 hours a week). After working 15 - 20 hours a week for about six months, the claimant returned to full time duties. While "Mr. Maverick" would probably have eventually returned to work anyway, close monitoring of his case clearly brought the issue to a head much sooner. In point of fact, his return to work had been postponed three times over a one year period prior to our being assigned the case.

While a written treatment summary is preferable when making an initial first contact with a care giver, we sometimes opt for a direct one-to-one phone consultation with an FHIPA professional consultant. The interactive nature of a direct phone consultation is especially useful in situations where the case file is skimpy and little or no prior medical history is available. Also, many care givers are overburdened with paper work, and prefer to be interviewed over the phone.

Table of Contents   
Professionally review the case file.
Professional analysis and documentation of the case file is a critical part of the case management process. Performed by an licensed mental health professional, FHIPA file reviews provide detailed clinical opinion and commentary on disability status, diagnostic validity, treatment efficacy, back-to-work prognosis, and follow-up recommendations for the insurer.

I can recall one case in particular -- about three inches thick! -- sent to us for an IME which had gone on for 11 years, yet had never been formally reviewed. The company, which will of course go unnamed, insisted that a record review was not necessary. "Just arrange a psychiatric IME," we were told.

After convincing the claims representative that it would be a good idea to review the file, I it was ascertained that the claimant's chief complaints involved dementia-type symptoms and various cognitive complaints. In other words, a neuropsychological IME with testing was called for, not a psychiatric IME. The bottom line was that a battery of neuropsychological tests found strong evidence of symptom exaggeration and/or out-right faking, a diagnosis of malingering was entered, and the claim was finally resolved after 11 years!

A professional review of the case file can also protect claimant interests. In this case from a few years ago, a consultant not connected with FHIPA had reviewed a case and the results of a neuropsychological examination and concluded that the claimant was capable of gainful employment because his cognitive impairments were only "mild." The case was appealed by the claimant and sent to us for a second review, this time by one of our neuropsychologists.

As it turned out, the consultant had no understanding of how to interpret neuropsychological test data. In reality and as explained in our neuropsychological review, "mild" cognitive impairments can be quite serious and limiting, and should not be confused with the term "mild" as it relates to other conditions such as depression. In addition, this claimant suffered from "mild" impairments across multiple areas of cognitive functioning. Our reviewer concluded that the claimant was suffering from significant impairments and not work capable except for the most menial of jobs (this claimant was a stock broker and was subsequently ruled disabled for purposes of his policy).

Table of Contents   
Select and direct the IME examiner.
Once the case is reviewed and its dynamics understood, we are in a position to confidently determine the type of pre-screened specialist (psychiatric, psychological, or neuropsychological) best suited for the IME, and whether or not any special testing needs to be included.

A Sample IME Questions Letter
With the selection of an examiner comes one of the most critical components in our IME process: the careful professional drafting of an individualized IME Questions letter to the examiner. Targeted, case-specific questions from a professional peer translate into reliable reports that clearly address the issues at hand. The sample below is a confidentialized version of an actual IME questions letter employed in a case where malingering was suspected:

The Forest Hills IPA Inc.

110-21 73rd Road, Suite 1-J, Forest Hills, NY 11375                (718) 786-1328 Fax: (718) 937-6529

IME Referral Questions

June 18, 1996
To:
Dr. Larry Beecher
100 Main Street, Suite 1000
Detroit, MI 50000

Name of Examinee: Ms. Ann Rice
Reference #: 123-4567-LTD

Dear Dr. Beecher:

Medical records for Ms. Ann Rice's examination, scheduled for 10:00am (duration: approx. 4 hours) on 5/16/95, have been enclosed along with our own recent file review. The examination was requested by Ms. Rice's insurer, and is authorized under the terms of her coverage (see attached medical information release form and letter of authorization from the insurer).

Referral Questions
In your narrative/report, we would like you to address the following issues and questions:

  1. Diagnostic Findings: Using standard DSM-IV terminology (all five axes), what are your present diagnoses for Ms. Rice?

  2. History: Please obtain and provide a comprehensive history, etiology, and chronology of Ms. Rice's past and present psychiatric difficulties and the psychotherapeutic/pharmacological treatment regimens employed to date to treat them.

  3. Work-Related Abilities and Limitations: Is there any psychiatric condition or illness currently present which would render Ms. Rice partially or totally incapable of meeting the duties and responsibilities required by her present occupational work (postal worker)?

    If Ms. Rice is presently able to work in some capacity but with limitations or restrictions, please specify the degree and type of limitations you would place on Ms. Rice, and also provide the psychiatric basis for these limitations. (Note: Limitations may be expressed in terms of a reduced number of hours per day or week, a percentage of all normal occupation duties, and/or may be specified to limitations or restrictions on a particular function within a job description.)

  4. Treatment Efficacy: What forms of treatment(s) do you currently recommend, and what is your opinion regarding the efficacy of Ms. Rice's current pharmacological/therapeutic treatment regimen? (Please be as specific as possible when outlining alternative treatment recommendations, and indicate any specific problems areas or circumstances which may need to be addressed.)

    In this regard, and if you find Ms. Rice to be presently disabled, please also comment on whether or not the current treatment regimen has, as one of its goals, attempting to rehabilitate and return the patient to gainful employment.

  5. Treatment Compliance: Has Ms. Rice been satisfactorily complying with her present pharmacological/therapeutic treatment regimen? In not, please note the areas where problems with compliance may exist.

  6. Motivation: Is Ms. Rice motivated to attempt a return to her regular occupational work? If lack of motivation is a problem, is it attributable to clinical symptomotogy, or are non-clinical/medical issues a factor? Also, has Ms. Rice expressed a desire and/or made any formal decision not to return to her regular occupational work? If so, does she have any plans to change occupations or enter another line of work?

  7. Secondary Gain: Is secondary gain (either from disability benefits or from any other factor or circumstance) playing a role in perpetuating Ms. Rice's current psychiatric status and presentation, and is it undermining her ability and/or willingness to return to gainful employment?

  8. Prognosis: If not currently able, what is your prognosis regarding Ms. Rice's prospects for recovery and eventual return to her regular occupational work? If it is your medical opinion that Ms. Rice might be able to return to work in the foreseeable future (either part-time or full-time), what is your estimated time frame?

  9. Testing: Please administer an MMPI and report on the results.
As per our agreement, your report is due within 5 business days of the completed examination. If you have any questions regarding the above, please contact me at (718) 786-1328.

Sincerely,
Dr. Leonard Grossman Signature
Leonard Grossman Ph.D.,
Psychiatric Disability Consultant

enc:  Signed Release of Medical Information Form by Ms. Ann Rice
         Authorized Letter of Representation from American Values Insurance Company

We cannot emphasize enough the importance of professionally individualizing your IME questions letters such as in the above confidentialized sample, which yielded an excellent IME report which well-documented its provisional findings. I never cease to be horrified by the inferior quality and near uselessness of the crude generic IME letters submitted by many IME venders -- which virtually guarantees you'll receive a poorly focused, ineffective IME report.

Table of Contents   
Summarize the IME
findings and recommendations.

With the average case load anywhere from dozens to hundreds, the disability specialist has precious little time to sift through complicated IME reports laced with unfamiliar terminology. We at FHIPA are well aware of the time limited nature of case management work, and provide a concise, "plain language" IME summary for each report that highlights and explains the significant findings.

We also assess the claimant's recovery prospects and include a separate report detailing our follow-up recommendations. If recovery potential exists, pursuing the right follow-up measures can sharply increase chances that the claimant will one day be cleared to return to work. In the next section, we will learn more about measures can be taken to monitor the recovery process and prevent your cases from falling through the cracks.

Table of Contents   
Monitor cases with recovery potential.
Once a case is thoroughly investigated, reviewed, and IMEd, what else left is there to do? Certainly, there are many cases of serious psychiatric illness with a poor prognosis for which there is relatively little to do from a case management perspective.

But about half the cases at this stage of the process are assigned a "presently disabled" determination but have a "fair to good" back-to-work prognosis. It is these LTD cases that must be monitored carefully and aggressively.

And exactly what do mean by monitoring a case? One particularly useful strategy we employ is setting up regular professional-to-professional phone consultations with the care giver. When done from the perspective of information sharing and progress-reporting, there is no interference with treatment, and no abridgement of the doctor/patient relationship.

Encouraging a "Maximum" Treatment Program
With insurer approval, we also share and review IME reports and test results with the care giver. Perhaps most importantly, maintaining an ongoing professional relationship with the care giver encourages employment of a "maximum" back-to-work treatment regimen -- rather than a "minimum" maintenance program.

One case in particular that I can recall involved a young attorney out for a year with major depression. The man seemed genuinely interested in returning to practice, but was making little progress. A close checking of the records and a call to the care giver revealed that he was being treated and medicated for his depression by an internist -- and not by a mental health specialist/psychiatrist.

Before I was through with consultation, the care giver agreed his patient was not progressing, and shortly thereafter referred him to an excellent psychiatrist/psychologist team. The attorney made steady progress thereafter and was off claim in six months. Had we not called, this story may not have had a happy ending.

Another interesting case involved a young stock broker suffereing from depression and alcoholism who had managed to stay sober for almost a year, except for periodic marijuana smoking. While the care giver felt the marijuana abuse was minimal, we reminded her of the repeatedly postponed back-to-work dates, and respectfully questioned whether or not one addiction had supplanted another. In the course of the next few months, and at the urging of his therapist, the marajuana smoking was discontinued. After also enrolling in AA, the young man found another job with a reputable Wall Street firm.


Table of Contents   
Is all this cost-effective?
When speaking to insurers about strategies for managing psychiatric disability cases, the bottom-line question most frequently asked is, "All this sounds very impressive, but is it cost-effective?" My answer is always the same: "If you can salvage even one long-term disability case in ten, you're already way ahead of the game."

However, if this is so, then why do so many companies make such a minimal, and ultimately self-defeating, commitment to claim management? There is a pervasive view in many firms that the expense and potential legal entanglements engendered by more aggressive strategies outweigh the potential benefits. This would indeed be true if each and every case -- regardless of it merits and recovery potential -- were vigorously pursued.

Keeping your Claims on the "Right" Track
An efficient, cost-effective strategy is one which begins very soon after the claim is filed, and which can objectively evaluate the legitimacy of each claim and accurately and professionally assess diagnostic validity, treatment efficacy, and recovery potential. The five point strategy outlined in this guide accomplishes these goals, and leads to four possible "tracks" for any given case once it is properly evaluated:

  • Track One: Minimal Intervention
    The psychiatric illness is serious, symptoms are severe and well-documented, and the prognosis for recovery is poor. This would include cases of psychosis, schizophrenia, and major psychiatric breakdowns resulting in hospitalizations.

  • Track Two: Standard Intervention
    The psychiatric illness is serious enough to be disabling, well-documented and corroborated by IME findings, but the prognosis for recovery is fair to good. About half the claims we encounter fall into this category. These cases can go either way, depending on the quality of care, patient motivation, etc. Monitoring these cases closely is very important and beneficial to their outcomes, but not particularly expensive.

  • Track Three: Forensic Neuropsychological Intervention
    Same as "track two" except the claimant is a professional who must function at a very high degree of mental competency and efficiency. Here, the issue is not just recovery, but recovery to levels which permit the return to professional practice. IMEs and testing in these cases should be performed by a forensic neuropsychological specialist -- i.e., a professional with better than average credentials who can also assess cognitive and intellectual functioning.

  • Track Four: Maximum Intervention
    Situations where there is evidence of deliberate, conscious malingering and/or outright fraud or faking is suspected. Forensic credentials may also play a role in such cases depending on the policy and job description. In cases like these, some or all posible case management strategies (IMEs, testing, care giver consultations, requests for treatment summaries, separate investigatory steps by the insurer, etc.) may come into play.

The key, of course, to making such a tracking system work is timely case classification by your professional psychiatric disability consultant. Companies which practice early professional intervention provide better services to their claimants while also better identifying potentially unsubstantiated claims.

For more information on utilizing professional case management strategies in psychiatric disability cases, please contact Dr. Leonard Grossman at (888) 779 - 2524.


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