Predicting and Maximizing Return-to-Work Outcomes
for People with Mental Health Disorders
(Reprinted from Journal of Controversial
Medical Claims, 7, 15-21.)
| Gary L. Fischler, Ph.D. |
|
| Director |
Phone: 612-333-3825 |
| The Institute for Forensic Psychology |
Fax: 612-333-6740 |
| 825 South 8th, Suite 604 |
Email: gfischler@psycheval.com |
| Minneapolis, MN 55404 |
Web site: www.psycheval.com |
Dr. Fischler earned his doctorate in
Clinical Psychology from the University of Minnesota in 1983.
He is a clinical assistant professor at the University of
Minnesota and the Minnesota School of Professional Psychology.
He is also a court appointed psychologist and a consultant
to vocational rehabilitation and public safety agencies.
Dr. Fischler’s
special interests relate to the interface between mental
health and workplace issues, and he provides preemployment,
promotional, and fitness exams to private and public organizations.
He has written several articles on these topics, and has
recently coauthored a book, Vocational Impact of Psychiatric
Disorders: A Guide For Rehabilitation Professionals (Aspen
Publishers).
INTRODUCTION
Psychological and psychiatric problems—disorders involving
emotion, behavior, cognitive ability, and interpersonal skills—present
a unique set of challenges for legal professionals, insurance
claim representatives, and human resource professionals. Unlike
physical disabilities, mental health and related emotional
problems are rarely visible. The criteria for defining them
are complex, and their impact in the workplace can be difficult
to understand. Nevertheless, such disorders are quite common,
and their effects on job performance can be profound.
Employees who are labeled as disabled
due to mental health problems often create a confusing array
of return-to-work (RTW) issues for those who have an administrative
responsibility to pay their disability benefits. Examples
of parties who would have a vested interest in employees’ prospects for returning
to work include long-term disability insurance companies, personal
injury litigants, the Social Security Administration (SSA),
the Department of Veterans Affairs (VA), and worker’s
compensation. Each would have an interest in evaluation of
damages in a personal injury case; evaluation of compensation
under disability insurance, worker’s compensation, or
other insurance; case management; or workplace accommodations.
Moreover, employers are generally motivated to facilitate a
rapid RTW for an employee with a solid work history, and are
likely to be willing to provide workplace modifications both
in order to accomplish this end, as well to comply with the
Americans With Disabilities Act (ADA). This article will discuss
the psychological factors involved in psychiatric disability,
describe methods for maximizing RTW success, and suggest factors
that would either facilitate or hinder returning an employee
to work.
HOW
DO PSYCHIATRIC DISORDERS BECOME DISABLING?
When psychiatric dysfunction is severe and chronic, it is easy
to understand how work can be negatively affected. Indeed, a
number of writers1-5 have described vocational challenges in
this group. Others6-8 have described detailed supported programs
for improving vocational outcomes, often in noncompetitive work
settings. Lowman9.10 attempted to describe how psychological
factors might affect career choice and success, and psychotherapeutic
methods for helping people with work problems resulting from
psychological dysfunction. Recently, we described methods for
evaluating the impact of psychological disorders on vocational
functioning, and offered methods for helping people with psychiatric
disorders find and keep satisfactory competitive-level work.
11
Fischler and Booth11 provided a summary
of essential psychological factors that may affect job performance
and vocational rehabilitation outcomes, and examples of how
they can be manifested in different psychiatric disorders (Diagnostic
and Statistical Manual of Mental Disorder, fourth edition (DSM-IV)12. These factors include cognition, pace, persistence, reliability,
conscientiousness, motivation, interpersonal skills, stress
tolerance, honesty, and trustworthiness. Understanding a disorder’s
expression allows for effective case management and a positive
outcome in the RTW process.
The relationship between essential psychological
factors, psychiatric disorders, and job duties is illustrated
in figure 1. The “expert” in
each domain has a different professional role: psychiatrist or
psychotherapist (i.e., treating clinician), supervisor /employer,
and the occupational health psychologist. These professionals
have a responsibility to make a “paradigm shift” from
their own specialty perspective in order to understand how mental
health factors and job performance interact with each other.
However, it is the primary role of the occupational health psychologist
to ensure that this shift is made, resulting in an accurate assessment
of the RTW issues.
PREDICTING RTW OUTCOMES:
THE
COMPREHENSIVE PSYCHOLOGICAL ASSESSMENT
Research suggests that interpersonal functioning,
severity and type of psychiatric problem, job satisfaction,
work history, cognitive functioning, family support, substance
abuse, level of motivation, and dependability are all linked
to employment outcomes for people with mental health problems.13.14 These domains, in turn, are affected in various ways
by an individual’s
personality, values, experiences, and symptoms.
A thorough psychological assessment recognizes
that personality traits, or, in their extreme, personality
disorders, often constitute a significant part of the diagnostic
picture, and may in themselves account for the differences
in vocational outcomes in different individuals with similar
clinical (i.e., DSM-IV, Axis I) psychopathology. Personality
disorders in nonselected “normal” community
samples tends to be higher than most people believe, at about
10%. In samples that already have been diagnosed with Axis I
disorders, the estimates are considerably higher, from 23% to
90%.15 Moreover, the presence of a personality disorder tends
to bring with it substantial functional impairments, including
those in the vocational domain.16
The personality characteristics “agreeableness” and “conscientiousness”17
seem to be the best predictors of occupational success. Further
support for this position was found in research performed with
data from our own practice. Edelson18 followed 88 urban VR clients
over a period of two and a half years. Although the overall rehabilitation
rate for competitive employment was rather low (5.7%), the Psychopathic
Deviance (Pd) scale of the MMPI-2 (Minnesota Multiphasic Personality
Inventory, 2nd ed.) was consistently and significantly related
to vocational success. Specifically, clients who were more impulsive,
rebellious, or antagonistic, as measured by the Pd scale, had
a significantly poorer VR outcome than those who were more conventional,
agreeable, and thoughtful in their actions.
Because mental health disorders tend to
be less easily understood than physical illness, and because
the criteria for them may appear to be more subjective, a belief
may arise on the part of an administrator, employer, claims
manager, or lawyer that disability information is best obtained
from the treatment provider. After all, shouldn’t the treating clinician know the employee
better than anyone else? Wouldn’t the provider be privy
to a great deal of private information to which nobody else would
have access? And, if the employee were asked to take an independent
examination, wouldn’t the evaluator rely primarily on the
subjective report of the employee anyway?
Unfortunately, one of the biggest
mistakes possible in the evaluation of mental health RTW issues
is the reliance on the employee’s
treatment provider (i.e., a psychologist, psychiatrist, or psychotherapist)
as the primary source of this information. First, it is generally
accepted, even among treating professionals, that patients who
have “secondary gains” (e.g., financial compensation)
for their illnesses—such as personal injury plaintiffs
or employees receiving long-term disability benefits—present
themselves in very different ways than patients who are not seeking
compensation.19.20 Such patients
may tend to exaggerate or over-report their problems and minimize
their ability to cope. They may consciously or unconsciously
resist treatment efforts. For example, Fee and Rutherford21 estimated
that, after controlling for the severity of an initial head injury,
litigating patients were twice as likely to report symptoms (e.g.,
depression, anxiety, headache) as nonlitigating ones. Patients
who intentionally fake or significantly exaggerate their psychological
symptoms to achieve financial gains have been estimated as high
as 47% for workers compensation cases22, and over
50% for personal injury plaintiffs.23
Second, treating clinicians generally rely
much more extensively on patient self-report than do independent
evaluators. Indeed, psychotherapists have traditionally been
trained to uncritically accept patients’ self-views. For example, Rogers24 originally
proposed that there were four “facilitative” therapist
attitudes: empathy, warmth, congruence, and unconditional positive
regard. Thus, treating clinicians’ perceptions of their
patients tend to be biased in favor of the patient’s self-views
and agenda. To do otherwise would be to jeopardize the therapeutic
relationship itself.
Greenberg and Shuman25 have concisely articulated
10 principles that differentiate therapy from forensic clinical
roles. These include identifying whose client is the examination
subject, what is considered privileged information, the attitude
of the examiner, the competence of the examiner, the nature
of the hypotheses generated by the examiner, the level of scrutiny
applied to the information gathered and the conclusions offered,
the amount of control that the subject has in each relationship,
the degree of “adversarialness” in each relationship, the goal
of the professional in each relationship, and the impact on the
critical judgment by the examiner. Greenberg and Shuman conclude
that because of these differences there is an “irreconcilable
conflict” between the roles of therapist and forensic examiner.
To the extent that decisions related to the disability or RTW
status of an individual are considered forensic rather than therapeutic
endeavors, a treating clinician would find him or herself in
exactly such a conflict when attempting to provide such information
for an administrative or legal purpose.
Finally, many treating clinicians do not routinely use objective
psychological test data. Often, such testing is viewed as a needless
expense by managed care companies. Moreover, clinicians tend
to overestimate their ability to use clinical data accurately,
in spite of substantial research indicating that actuarial methods
of prediction (i.e., test data combined in mechanical ways) outperform
clinical prediction in the long run.26
In the insurance industry, physical injury
claimants are often asked to submit to an Independent Medical
Examination (IME). In the personal injury arena, plaintiffs
are often asked to take an “adverse” exam. The SSA and the VA have their
own panels of “consultants” that perform such examinations
for disability determination purposes. Employers need to have
a similar approach to evaluating disability and RTW claims at
work.
A comprehensive psychological examination,
therefore, should include objective personality assessment
which has scales to detect exaggeration, such as the MMPI-227 as an essential part of any examination that seeks to make
decisions about disability status. In addition, such an examination
should include review of all available records (such as psychiatric
or medical treatment, legal status, personnel records, etc.)
in order to provide corroboration of the patient’s self-report.
PSYCHOLOGICAL
RTW EVALUATIONS: BEST PRACTICES:
Background
Information
Prior to conducting the
evaluation, the psychologist should have access to as much
information about the work history of the employee as possible.
This might come in the form of copies of the personnel file,
a summary letter from the human resources (HR) director, or
a verbal communication with the HR director of the employee’s
supervisor. The information covered should generally fall in
three broad areas:
1. Basic information such as length of employment,
job description, disciplinary history, performance reviews, and
absenteeism;
2. Job performance issues such as error rate,
productivity, when or if problems began to emerge; and
3. Essential psychological factors for the job
in question, such as ability to get along with coworkers, supervisors,
and customers; the ability to tolerate supervisory deadlines and
other stressors; and the need for sustained concentration.
Data privacy laws may differ
from state to state, and the information generated by the psychological
exam may or may not be considered to be “medical data” by
state statute. For this reason, the psychologist should ask
the employee to give written consent prior to initiating the
examination process, and decline to conduct the exam if the
employee refuses to do so. When in doubt, consult a legal consultant
knowledgeable in both employment and data practices law.
In addition to employment
data, the psychologist needs to obtain as much prior medical
and/or mental health data as is relevant to the case at hand.
Such information may yield critical information such as prior
episodes of illness or disability, treatment recommendations,
prognosis, and relevance to the employee’s
work situation—past and present. In addition, these clinicians
may have their own opinions about the employee’s ability
to return to work and should be consulted for their input. Finally,
since the employee may be inclined to give different information
in a treatment vs. forensic examination, inspecting the treatment
records is likely to yield useful information on the reliability
of the employee’s self-report. Since most employers do not
(and probably should not) have extensive information related to
the employee’s mental or physical health, the psychologist
would usually need to obtain it directly from the treatment or
forensic sources, with the permission of the employee. While
many employees are understandably reluctant to release this information,
issuing final RTW recommendations without it may significantly
limit the level of certainty that can be placed in the evaluation.
The
In-Depth Personal Interview
Because the
employee’s perception
of the problems is likely to be quite complex, the RTW interview
tends to be lengthy. The interview is composed of five broad
areas:
1. Employee’s description
of work problems, if any;
2. Employee’s social
history including education, family, legal, psychiatric, substance
use, aggression, medical, and activities of daily living;
3. Employee’s work
history prior to the current problems, including previous employers;
4. Current symptoms, mental status, and behavioral
observations;
5. Employee’s perception
of ability to return to work, including suggesting modifications
to improve work performance.
Because work adjustment is related to long-term
personality adjustment, as well as acute mental health symptoms,
the interview needs to take a longitudinal approach to personal
history, as well as a thorough description of current clinical
problems.
Psychological
Testing
As described before, objective,
actuarially based information is critical in forensic examinations,
including those involving RTW issues. The tests used commonly
fall into four categories:
1. Cognitive: Measures intelligence, concentration,
and memory.
2. Personality: Measures personality and emotional
characteristics which may be involved in mental health problems
such as depression or personality disorders.
3. Effort and motivation: Measures the extent
to which the employee is putting forth appropriate effort and
is motivated to present in an accurate manner. Ideally, employees
who are either minimizing or malingering their symptoms will be
identified with these tests.
4. Organizational behavior: Measures personality
characteristics that help determine the suitability of an employee
for his or her specific job. For example, managers, police officers,
and sales people tend to have certain personality characteristics
in common.
Recommendations
The RTW evaluation is not complete
without making specific recommendations that try to address the
best interests of both the employee and employer. Recommendations
tend to fall in one of three categories:
1. Fit to return to
work—no restrictions. The employee has fully recovered from whatever problems he or
she had been experiencing and is now ready to return to work.
2. Fit to return—with
restrictions or modifications. The employee may return, but only with some provisions. These
may range from initiating or continuing in mental health treatment
to making modifications to the workplace environment. Workplace
modifications and accommodations will be more fully discussed
below.
3. Unfit to return. The
employee cannot return to work because he or she would be unable
to do the job due to an ongoing mental health problem, or because
the individual would be a threat to the safety of self or others.
WORKPLACE
MODIFICATION
When an employee
with a mental health problem can benefit from modifications
to the workplace, he or she may be entitled to “reasonable accommodations” under
the Americans with Disabilities Act (ADA).28 To
what extent such an accommodation is “reasonable”
is based on business necessity, and, therefore, depends on the
judgment of the employer. However, if an employer’s attorney
or insurance claims representative does not know that certain
modifications would allow the employee to more successfully return
to work, the employer could be held liable later.
The most frequent accommodations for mental health
problems are fairly simple and inexpensive, and, therefore, are
usually worth consideration. Mancuso29 presented
10 case studies of competitively employed workers with psychiatric
disabilities. She found that workers rarely discussed their disabilities
directly with their supervisors and thus created difficulties
in providing appropriate accommodations. Employees who do disclose
their disability, however, allow for “explicit accommodations.” These
include such modifications as flexible scheduling, extended periods
of absence to accommodate periods of symptom increases, and short-term
rather than long-term projects that require less regular attendance.
Importantly, the most common
accommodation cited by both supervisors and employees in Mancuso’s study was
flexible or part-time scheduling. Supervisors also described a
willingness to modify work assignments according to the employee’s
fluctuation of symptom severity. Other modifications that are
often useful include providing a quiet workplace to maximize sustained
concentration, using formal or informal job “coaches” to
help the employee maximize organization strategies, rearranging
job duties with other employees, and obtaining additional supervisory
support (e.g., more frequent meetings or performance reviews).
In addition to formal modifications,
the occupational health psychologist can make general recommendations
to help the employer understand the likely impact of the employee’s
problems and how to deal with them. For example, in the case
of major depression, the following strategies may be helpful:
1. Giving the employee simple, straightforward
tasks to aid memory and concentration and help him or her develop
a sense of mastery over their job.
2. Promoting as much predictability
as possible in the employee’s daily tasks.
3. Providing clear guidelines and instructions,
possibly in writing.
4. Allowing for flexibility with regard to pace
of work and timing of breaks.
5. Working as part of a
team to decrease the employee’s sense of loneliness or
isolation.
FOLLOW-UP
After returning to work, the occupational
health psychologist should follow up with the employee, the employee’s
treatment provider, and the employer to make sure that the RTW
strategies are on track. Generally, 30 days is a good time to
gather this information, and a return appointment for the employee
to meet with the psychologist can be scheduled at the end of the
RTW evaluation. At that time, the psychologist can quickly assess
the employee’s current mental status, level of improvement,
and work status. The employee would be asked to give his or her
consent for the psychologist to obtain the most current treatment
records to be sure that the employee has indeed followed through
with obtaining the agreed-upon treatment, that the treatment plan
seems appropriate, and that the treatment is proceeding adequately.
It might be useful to have a telephone conversation with the treatment
provider to get his or her input on RTW issues. The employer also
should be contacted to see if the employee is successfully reintegrating
into the workplace and if the modifications that were implemented
seem to be effective. Any problems evident at this point should
be aggressively evaluated and appropriate changes in the RTW plan
be made.
RED
FLAGS
During the follow-up, a number
of warning signs could arise that signal a potentially unsuccessful
RTW outcome. These could include an appearance of poor grooming,
decreased alertness, or depressed affect. The employee may also
report continued problems with symptoms such as sleep disturbance,
poor concentration, reduced appetite, or suicidal thinking. Little
or no family support may be available to help the employee return
to baseline functioning.
Unilateral changes in medication or treatment
noncompliance can be especially troublesome. Similarly, a negative
attitude toward the psychotherapist or missing therapy appointments
often can presage a negative RTW outcome. If the employee is unusually
guarded or defensive, or seems to have a “Pollyanna”
attitude towards his or her problems, this can indicate a tendency
to quit treatment prematurely after the immediate crisis has passed.
Finally, the employee’s attitude toward
returning to work (either excessive “workaholism”
or a lackadaisical attitude) is an important consideration. Does
he or she accept work modifications, reject them, or see them
as inadequate? Does the employee seem to solicit excessive help
from coworkers or supervisors? He or she may not really want to
return to work or may have underlying fears about adjusting successfully
to the return.
TEAMWORK
It should be clear by now that
successful RTW is most likely to occur when the employee and all
of the experts involved are invested in a positive outcome. To
maximize the chances of this, everyone needs to be communicating
effectively and be “on the same page.” It is possible
that one member of the team could consciously or unconsciously
sabotage the process if they are not in agreement with it. Figure
2 illustrates the relationships between the team members. The
employee and occupational health psychologist need to have a partnership
that accepts input from the employee’s psychiatrist or psychotherapist,
as well as his or her supervisor or employer. It is the occupational
health psychologist’s role to ensure that effective communication
transpires, and to serve as the case manager until the employee
has successfully returned to work.
CONCLUSION
Attorneys and claims managers
often struggle with mental health disability and RTW cases because
the issues can be vague and mired in clinical rather than job-relatedness
issues. Successful RTW requires an orchestrated effort between
the employee, the employer, the employee’s mental health
treatment provider, and the occupational health psychologist.
A psychological evaluation that is thorough and objective—and
which makes a paradigm shift between clinical and employment issues—is
critical to a positive outcome and to avoid lingering problems
such as excessive disability leave, poor interpersonal adjustment,
chronic poor work performance, or unsafe working conditions for
the employee and/or coworkers. This paradigm shift must translate
psychiatric symptoms and job duties into a common language that
details the essential psychological factors of a job. Best practices
for RTW evaluations include providing both general and specific
recommendations regarding the employee’s ability to return
to work, his or her mental health treatment needs, and his or
her needs for workplace modifications. Follow-up with the employee,
their treatment providers, and employer can help insure that the
RTW strategies are appropriate and useful, and may facilitate
intervention if the process becomes derailed.
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