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12 Psych. Inj. & L. 1 (2019)

handle is hein.journals/psyinjl12 and id is 1 raw text is: Psychological Injury and Law (2019) 12:1-6
https://doi.org/10.1007/si2207-019-09347-9
CrossMark
Forensic Thinking in Disability Assessment: an Introduction to a Special
Issue

Benjamin J. Lovett' - Allyson G. Harrison2
Received: 11 January 2019 /Accepted: 16 January 2019 /Published online: 31 January 2019
© Springer Science+Business Media, LLC, part of Springer Nature 2019
Keywords Disability - Assessment

The practice of forensic psychology is often associated
with prison populations, court-ordered evaluations, and
psychologists testifying to judges or juries. This associ-
ation is understandable; those are important aspects of
forensic practice. However, the scope of forensic prac-
tice is larger than this popular conception suggests; the
American Psychological Association's (2013) Specialty
Guidelines for Forensic Psychology defines forensic
work as professional practice by any psychologist...
when applying the scientific, technical, or specialized
knowledge of psychology to the law to assist in ad-
dressing legal, contractual, and administrative matters.
Furthermore, the Guidelines apply in all matters in
which psychologists provide expertise to judicial, ad-
ministrative, and educational systems (p. 7). A great
deal of clinical work, then, actually has a forensic as-
pect to it; specifically in the context of disability assess-
ment, a psychologist performs forensic work when de-
termining whether a client meets legal or administrative
standards for provision of disability services. Arguably,
when working with a private client who intends to pro-
vide evaluation results to an administrative or education-
al institution, the psychologist is also performing foren-
sic work, if a bit less directly. In addition, many psy-
chological evaluations that do not start out as forensic
are nonetheless used later in legal proceedings; diagnos-
ticians who merely conclude that disorders are present
need to later compose declaration statements, complete
W Benjamin J. Lovett
Benjamin.Lovett@cortland.edu
Department of Psychology, State University of New York at
Cortland, 132 Old Main, Cortland, NY 13045, USA
2  Queen's University, Kingston, Canada

depositions, or testify in court when their diagnostic
conclusions become relevant to a legal issue. For in-
stance, a clinician who diagnoses ADHD may not make
explicit legal claims about disability standards or enti-
tlements in the report, but if the client is denied ADHD-
related accommodations at school and then sues the
school, the evaluator's report is an evidentiary exhibit
and the evaluator will often be involved in the lawsuit
in some capacity (as a witness to events, and possibly
as a testifying expert).
In addition to forensic work having a scope broad enough
to cover many activities related to disability assessment, fo-
rensic psychologists have developed a general perspective on
assessment that is useful outside of forensic settings. It is this
contribution that we refer to generally as forensic thinking:
approaching a case as a forensic psychologist would, viewing
all of the evidence in an objective, impartial, critical manner,
and considering the inclusion of assessment tools that reflect
that perspective. In some ways, this perspective embodies the
care and reflectiveness that is a feature of all high-quality
clinical work. Excellent clinicians are cautious in drawing
inferences from data, and display a scientific skepticism
toward any single piece of data. Suhr (2015, p. 5) sums up
this approach well in her recent textbook on clinical
assessment:
Like the detective viewing evidence through the lens
of the magnifying glass, an assessor must view the data
at hand through various lenses, knowing when to focus
in and take a closer look, and knowing when the infor-
mation has no clinical value...The assessor also needs to
become aware of when his or her lenses have become
biased in some way and take appropriate steps to ad-
dress that bias.

t Springer

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