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Recommendation for Challenging Findings in Psychological IMEs

CLE Information May 2021

This course was approved for NOSSCR's Spring 2021 Virtual Conference. It is eligible for On-Demand credit, please check with if you have questions about your states eligibility or check with your Bar Association for their rules and regulations.

Psychological IMEs are very often limited in terms of information they provide and these limitations tend to lean against individuals who are seeking disability. These limitations include, no (or very little) information about how much psychological symptoms impact on functioning, details about how the person presents during the evaluation (as opposed to just what they report) and minima consideration given to how much the person's psychological symptoms may have impacted on how well they cooperated during the evaluations. Details limited in these evaluations based on reviews of previous records include no consideration given to how limited therapy progress notes can be, no weight given to how much progress notes have to stress progress if the therapist expects to be paid, minimal recognition of limitations to psychological testing and the time limitations often associated with psychiatric visits. These are all issues that will be covered in this presentation along with recommendations about how to challenge them when fighting for a disability client who suffers from a psychological disorder. The presenters will provide correlation to the Mental Health Listings, and offer insight into ways to present Claimant testimony to supplement these challenges of the IMEs.

Daniel Marston, Ph.D, ABPP

Dr. Daniel Marston - is a licensed clinical psychologist and an expert in the field of behavioral psychology. He is board-certified in Behavioral and Cognitive Psychology by the American Board of Professional Psychology (ABPP). He has been an adjunct faculty member for several traditional and online graduate programs and is an article reviewer for two academic journals. For over 25 years, Dr. Marston has been treating clients with autism, anxiety, depression, ODD, ADHD, learning disabilities, Tourette’s Syndrome and neurobehavioral disorders. He conducts hundreds of behavioral evaluations per year for children and adolescents and works daily with school and community professionals, families and parents. Dr. Marston is the owner of Marston Psychological Services, in North Huntingdon, PA, where he provides therapy for children, adolescents and families, testing and evaluations, school consultation and behavioral healthcare supervision. Dr. Marston presents and publishes nationally on the topics of autism, disruptive behavior disorders, ODD and behavior therapy. He has a strong focus on practical implementations of empirical research findings into behavioral interventions. Dr. Marston teaches professionals who work with children and adolescents, practical treatment and intervention strategies. His new book, Autism and Independence: Assessments and Interventions to Prepare Teens for Adult Life, was published in April 2019 (PESI Publishing & Media). This game-changing guide is filled with proven strategies and skill building exercises for a population often overlooked. Dr. Marston’s book, Comparative Psychology for Clinical Psychologists and Therapists, published by Jessica Kingsley Publishers in London, focuses on the practical applications of cross-species empirical and behavioral research for clinical settings.

Tereasa Rerko, Esq.

Tereasa Rerko - is a partner at the firm QuatriniRafferty and concentrates her practice in the area of Social Security Disability. Subsequent to obtaining her MA degree, she will also now be serving as a third party neutral in mediation matters. Practicing law since 1984, Ms. Rerko is a member of the Westmoreland and Pennsylvania Bar Associations. She has consistently been listed in Who’s Who of American Lawyers in every year since 1997. Tereasa is a co-author to the Pennsylvania Bar Institute publication Fee Agreements in Pennsylvania, Workers' Compensation Chapter.
Ms. Rerko received her B.A. in Political Science cum laude from California University of Pennsylvania in 1979 and her J.D. from Duquesne University School of Law in 1984. She obtained her M.A. in Conflict Resolution, with honors, from California University of Pennsylvania in 2020.


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