Malingering is the fraudulent imitation or exaggeration of symptoms with the intention of gaining financial or other rewards or material benefits. It is this obvious external gain that distinguishes malingering from factitious disorder [see paragraph 19.10]. Malingering is not common.
Overstatement of degree of disability and needs should not be classed as malingering without there first having been established that apparent exaggeration of care needs and mobility requirements is not due to a misunderstanding of the questions listed in the claim packs or, indeed, the eligibility requirements for an award of DLA or AA.
Obviously, any portrayal of care/mobility needs by someone who is malingering is justifiably dismissed.
The seriousness of an allegation of malingering is such that it must not be accepted without documented authoritative confirmation. Since the procedures which may be followed upon the confirmation of malingering may well have grave consequences for the malingerer, it is essential that advice is sought from a Medical Services doctor and senior BA management for the subsequent handling of the matter.
