About
Approximately 20 million Americans suffer from a depressive illness, making it the leading cause of disability in the United States. And the number of claims is skyrocketing.
Under current claim rates, it is estimated that mental health disability cases will climb to more than 60% of the total number of claims over the next three to five years.
Moreover, depression and mental health claims are by far the most complex
and challenging category of disability cases to manage successfully. No lawyer or insurer can afford to be without a complete and up-to-date understanding of the current medical prognoses and treatment protocols for clinical depression, the critical aspects of the law that will impact your successful handling of these mental health claims, and the latest treatments and rehabilitation strategies for getting depressed claimants back to work.
This American Conference Institute publication brings together an outstanding panel of top medical experts, plaintiff and defense lawyers and insurance company counsel to give you the latest information and valuable insights on the issues most critical to successful management of these claims, including:
- A comprehensive medical guide to depression and other mental health disorders
- The latest research on clinical depression - and how it can benefit insurers
- How to evaluate and manage a clinical depression case
- Practical tips from industry experts on how
to contain costs in these difficult cases
- What is "appropriate treatment" of the psychiatric claimant and what is the extent of the claimant's duty to mitigate?
- What are the new rehabilitation strategies for getting clinically depressed people back to work?
Contents & Contributors
PSYCHIATRIC AND PSYCHOLOGICAL EXAMINATION OF DEPRESSION
AND DISABILITY
Mark Levy, MD, FAPA, University of California, San Francisco
Saul Rosenberg, PhD, University of California, San Francisco
THE LATEST RESEARCH ON CLINICAL DEPRESSION – AND HOW IT CAN
BENEFIT DISABILITY INSURERS
John R. Chamberlain, MD, University of California, San Francisco
PSYCHIATRIC DISABILITY INSURANCE COVERAGE CASE LIST
Douglas K. deVries, deVries Law Firm
HOW TO EFFECTIVELY EVALUATE AND MANAGE A CLINICAL DEPRESSION
DISABILITY CLAIM
Andrew J. Bernstein, CORE, Inc./Disability RMS
NON-MEDICAL ASSESSMENT OF MENTAL CAPACITY AND COGNITIVE
ABILITIES
Bennett Blum, MD, Park Dietz & Associates, Inc.
EVALUATION AND MANAGEMENT OF DEPRESSION DISABILITY CLAIMS:
PSYCHOLOGICAL FACTORS
Peter H. VanOot, PhD, John F. Kennedy University
PREPARING FOR SUCCESS IN DEPOSITIONS AND TRIALS: SPECIAL
CONSIDERATIONS IN CLINICAL DEPRESSION AND MENTAL HEALTH CASES
Frank N. Darras, Shernoff Bidart & Darras, LLP
Lissa A. Martinez, Shernoff Bidart & Darras, LLP
SPECIAL CONSIDERATIONS IN THE INVESTIGATION AND DEFENSE
OF CLINICAL DEPRESSION AND MENTAL ILLNESS DISABILITY CLAIMS
Bryan D. Bolton, Funk and Bolton P.A.
LITIGATING MENTAL AND NERVOUS DISORDER CLAIMS – IT'S ENOUGH
TO DRIVE YOU CRAZY
Thomas Herlihy, Kelly, Herlihy & Klein
Sean P. Nalty, Kelly, Herlihy & Klein
FINDING THE RAYS THROUGH THE HAZE: EVALUATIONS, EXAMINATIONS,
AND REPORTS IN PSYCHIATRIC DISABILITY CLAIMS
Mark S. Lipian, MD, PhD, University of California
UNDERSTANDING AND EFFECTIVELY USING THE INDEPENDENT
PSYCHIATRIC MEDICAL EXAM
Bonny G. Rafel, Hack, Piro, O'Day, Merklinger, Wallace & McKenna
UNDERSTANDING AND EFFECTIVELY USING THE INDEPENDENT
PSYCHIATRIC MEDICAL EXAM
Edward S. Rooney, Jr., Eckert, Seamans Cherin & Mellott, LLC
"APPROPRIATE CARE" AND THE DUTY TO MITIGATE IN CLINICAL
DEPRESSION CASES: WHAT DOES THE LAW REQUIRE?
Kirk W.B. Wagar, Wagar Murray & Feit, PA
CLINICAL DEPRESSION – THE DUTY TO MITIGATE
James A. Varner, Sr., McNeer, Highland, McMunn and Varner, L.C.
Debra T. Herron, McNeer, Highland, McMunn and Varner, L.C.
RETURNING TO WORK: THE LATEST LEGAL AND MEDICAL STRATEGIES
Alex G. Anagnos, MSN, RN, CS, San Francisco General Hospital and Medical Center
RETURNING TO WORK: RISK OF RELAPSE AND OTHER SELECTED ISSUES
John D. Wood, Branham & Day, PC
THE MALINGERED DEPRESSION CLAIM FROM THE INSURER'S PERSPECTIVE
Robert J. McKennon, Barger & Wolen LLP
Jenny H. Wang, Barger & Wolen LLP
BAD FAITH AND PUNITIVE DAMAGES: THE LATEST DEVELOPMENTS IN
CLINICAL DEPRESSION CASES
Louis H. Castoria, Wilson, Elser, Moskowitz, Edelman & Dicker LLP