Here to Help The Passionate Attorney Help Your Client ~ Life Care Planning Services

Along with vocational consulting services, I offer you life care planning services. Life Care Planning Services are valuable to passionate attorneys such as yourself, one who works to your fullest potential for your clients. One who truly cares about your client and one who strives to maximize the best outcome for your client. A Life Care Plan will help you help your client.

cartoon lawyer  Are You a Passionate Attorney?  Image result for woman attorney cartoon

Comprehensive Life Care Planning Services focus on the individual who sustained a personal or catastrophic injury, has a congenital disease or acquired illness, or suffered a traumatic event that altered his or her life leaving them with a disabling condition. The individual and his or her family is in need of planning how to live with these ongoing life changes.

Image result for passionate attorney cartoon   Are You a Passionate Attorney? Image result for group of attorneys cartoon

A Life Care Plan outlines an individualized holistic program that documents your client’s specific healthcare needs and a projection of what it costs for that care over their lifetime. A Life Care Plan  helps prevent medical complications, enhances community and society participation, considers quality of life issues, and assists in maintaining emotional and psychological health.

The person’s life now has important healthcare needs and significant costs are associated with those needs that will last throughout their lifetime. How can you, the person’s caring and passionate attorney prove this, or show this to others, and why would you need to do so?

A Life Care Plan is helpful in many ways, here are three,

  • to facilitate decision making relating to the individual’s health care, long-term care, and special needs; and those costs related;
  • to identify and obtain good care in the individual’s community, whether at home, an assisted living facility, or, if necessary, a nursing home; and those costs related;
  • to help move the litigation process forward, and ultimately to settle or win a case justifiably at the highest level possible using real data!

A Life Care Plan involves a systematic process (I do that part!) of developing a “road map” of the care, goods and services the person will need to ensure optimal health, safety and life satisfaction. A plan also highlights what it is the person will need to restore or improve their life activities to their maximum potential.

Keep in mind that while most Life Care Plans are developed for people who have suffered a traumatic injury, Life Care Plans are increasingly used for older adults with chronic conditions to anticipate their health and financial needs in later years. Do you have a client in this elite category? If so, be prepared for more future that focuses on healthy living! (Hint: Get a Life Care Plan!)

Image result for quality of life

The standard definition of a Life Care Plan is a “dynamic document based upon published standards of practice, comprehensive assessment, data analysis and research, which provides an organized, concise plan for current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs. (IALCP – International Academy of Life Care Planners, 2003. Definition established during the 2000 Life Care Planning Summit.)

Please visit Dr. Deutsch’s webpage for much more information on Life Care Planning. Dr. Deutsch was on my training team!

CLCP Certificate expires 2-28-21
Life Care Plans
are developed by Certified Life Care Planners (CLCP), who are professionals in rehabilitation with advanced knowledge of specific disabilities, established treatment care resources and a consistent objective approach toward the practical and functional elements involved in providing the treatment of catastrophic injuries and diseases.

Communication and negotiation skills are essential (so true) while working with patients, families, caregivers and treatment teams. Keep on pursuing my website, which is mainly a relationship building, and read my blog writings. Please consider how Life Care Planning Services will help you help your clients.

Contact me ~ Amy Botkin, MS, CRC, CLCP ~ today at 515-282-7753 to discuss your case.

I am here to help you help your clients!

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Florida…Recovery Mode is A Lot Like Rehabilitation

We had a nice Florida trip early August. Initially, the plan was for my son Nick, his friend Jolee (who’s getting married to Jeremy this Saturday!); my daughter Arin, and her friend Kassidy to make the trip in late June. But due to a hole in the plane that didn’t happen, so instead (only due to timing issues!), my daughter Arin, son Jake, and their mutual friend Bridget made it! We had a very nice trip! 

Arin  Presenting the Ocean View!

We stayed some of the time with my mom Ann and met her brand new husband Dave (he’s a keeper!!) who live in Sebring, went out one night with my sister Janice who lives and works for Ft. Lauderdale (she was recovering from a workers’ compensation related injury due to getting rear ended while driving a City vehicle from behind by a tourist driving while on his phone…read more below); splashed in to the ocean a couple times (absolutely gorgeous mixture of colors); saw an alligator in the Everglades (Jake eyed him from the road!); helped complete an over 500 piece puzzle; saw my brother Steven’s cemetery plot and where my dad‘s ashes were buried near Orlando….and then witnessed a rainbow from above on the plane ride home! 

No Stopping Until the Last Piece!  

So, think (or don’t because it was too much…) of the mileage we put on in this beautiful state over the days as Randy drove us all around in a not very big SUV…from Orlando to Sebring, from Sebring to Ft. Lauderdale, from Ft. Lauderdale down to the Everglades, through a lot of the Everglades and back to Ft. Lauderdale, from Ft Lauderdale back to Sebring; from Sebring to Winter Haven for a stop at the cemetery and back to the airport in Orlando. And of course lots of driving in between. Thanks for chauffeuring Mr. B, as I was “assigned” the back seat most of the time so one of the kids could co-pilot.

My father’s ashes are buried here….well not all of them. Janice has a beautiful urn at her home filled to the rim! 

It was incredible to view a rainbow from above it on the flight home.  And, come to think of it, I saw an incredible sunset on the way to Florida although one had to (if lucky enough for the window seat like me) really look behind to the West! When in the air one’s feelings can really affect the flight, as you may well know. 

Back to the worker’s compensation situation Janice went through. The person assigned to “help her” was rude, condescending and uninformed. My sister confided to me she wanted to reach through the phone and grab this workers’ compensation specialist by the neck and say…”Hey you! My neck really hurts and I’ve recently received medical treatment. I’m recuperating at home as has been discussed with my direct supervisor and will be back on the streets when I’m better.” And Janice did return to her job quickly considering the situation, but she certainly didn’t need any more stress placed on her by someone who didn’t care!

Another tidbit about our Florida trip…. (continual praying for Florida and all Floridians due to Hurricaine Irma…the stories I’ve been hearing)…I went into the ocean the first time with all my jewelry on (STUPID), but only for a short time before I realized I really wanted to go under and do some serious splashing with these two! Back on the beach as Randy was helping me remove my diamond tennis bracelet, it……it broke in half. I would have NOT nearly had a good time in Florida if the ocean had swallowed my bracelet.  Another Lesson Learned!

This week on Friday 9/15, I celebrate my company’s 18th anniversary in business….and my birthday too! I hope you enjoy reading my blog. And I want you to know I truly care about my family, my clients, and the work I perform. I would never be purposely rude to anyone and will always strive to understand any given situation in order to help in any way I can.

In recovery mode from Irma, Florida will be going through a lot of rehabilitation. Thank God my mom, Dave, sister Janice, good friend Bryan and all others who went through HE double toothpicks recently are safe. I hope recovery mode and your state’s rehabilitation is timely.  My mom has not had power at her house since Sunday evening and it’s too hot and miserable! I wish I could toss her an extension cord from my house! Hang in there!

Please let me know if you are interested to learn how I can help you help your clients.  Give me a call at 515-282-7753 or email vocresources@gmail.com and let me know about your legal case. 

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

“Somebody Call for An Expert?” I’ll Answer That Call!

I’ve written about my fondness for Eeyore and want you to know I’m a bit attached to Gopher as well, especially when he comes to the rescue! You’ve heard the story when Pooh eats too much honey (honey is often on Pooh’s mind) at Rabbit’s place, gets rotund, and subsequently stuck in Rabbit’s front door. Rabbit is not happy and help is needed. Gopher recommends using dynamite, and he’s an expert with that subject, but Pooh isn’t so hot on the idea. If dynamite was needed, Gopher was ready for the rescue! I’ll answer just like Gopher but am willing to work on a team for better results!

Gopher

He pops out exclaiming “Somebody call for an expert?” 

After thinking it through, Pooh, with assistance from his friendly team, realizes how to get unstuck. Christopher Robin recommends he patiently wait until he gets thin….and it works, however, he still needs a good jolt to move through. The team is successful and Pooh ends up on a happy place…filled with honey!

Honey! Yummy! 

You know this Pooh story and I hope you appreciate it! I too use my expertise to help out in complex cases.  I hope you realize that a good expert has more than expertise.

I strive to educate others in a clear manner and explain a complex  subject to a lay audience in simple terms.  It’s important for me to stand up under questioning (here’s a post on intimidation), commit to my opinion, and stay within my area of expertise. Thankfully, my background and training in Community Health Education helps!  And you know what else, a good expert like me cares.

When I made an executive decision to study forensic rehabilitation counseling at George Washington University on April 15, 2013, I initially felt a bit overwhelmed but focused on following through with the decision, complete the course, and graduate which I did on August 15, 2014 . The program taught me more about courtroom testimony and issues as they relate to personal injury, medical malpractice, life care planning, marital dissolution, product liability, and catastrophic injury cases.

The GWU forensic rehab graduate certificate takes about a year and half to complete and is similar to when I committed myself….ha ha, and completed the Life Care Planning certificate program in 2011 through the University of Florida.

My goal for completing another educational program is to gain valuable insight on how to function more effectively, efficiently and confidently within the legal system. Although most of the coursework is online, visiting Washington DC is always awesome!  

When labeled “a firecracker” by a classmate during our 15th class reunion, I had to look up what that meant!

Yes, I realize I can be a bit firecracker-like, mostly because I’m a bold individual and will do what I have to do to accomplish my goals. There’s plenty of satisfying work to accomplish and life constantly moves forward at a really swift pace so it’s important to not slow down. I work hard for my customers, for myself and for my family.

I believe it’s always beneficial for lawyers and experts to spend time getting to know each other. Yep, attorneys think differently than counselors. So, please let’s spend a little quality time together before we meet in a courtroom! It will truly prove beneficial. You’ll find I’m a genuine person who truly cares about serving as an expert in the field and am willing to offer my voice to help you help your client.  Give me, Amy Botkin, a call at 515-282-7753. Thank you for reading!

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

Emotional Intelligence and Expert Testimony…Stay in the Ship!

I want to touch a bit on emotional intelligence. Basically, emotional intelligence is the ability to perceive emotions in yourself and sense the emotional needs in others. I’ve been studying this interpersonal skill and certainly am not an emotional master, but I constantly challenge myself to control any “miffed” (annoying) emotions that are connected to stressful situations.

Miffed?  Mad? Upset? Irritated?  Jittery?  Soft?  Antsy?  Optimistic?  All the Above?!?!

For example, when I’ve been on the witness stand in court (serving as a vocational expert), I have experienced verbal assaults on my work, my credentials, or even my vocation, by the opposing attorney. This of course is stressful! However, because I know myself well and have thee highest regard for what I do for a living, I am able to calmly turn mean and rude statements into mush (metaphorically in my mind where it matters!) You’d be surprised how effective a concerned look and a calm statement or simple facial expression saying, “I hope you realize how that sounded” can be.

 

Mush you say??? Yuck. Get Out of Here. No Way Would I Ever Eat That.

Seriously though, emotions can turn into enemies if they get in your way during certain times in your life (like on the witness stand!). I like to think of emotions as waves. A storm has rushed in, the winds are fierce, and the lake is churning up white caps. THESE ARE THE EMOTIONS – the things that get us disturbed, all riled up and self-absorbed.  We liked the calm…

Emotional waves get in your way!

Now think, the storm will blow over and the lake will calm down. During the slowdown of the storm, the waves are just big, and in fact can be quite beautiful. THESE ARE YOUR THOUGHTS – and now you connect with the outside world….and to other people easily.

Calm those waves down!

Now think of a peaceful lake.  Become aware of your own feelings and realize, hey ~ this is what makes me special, my stuff really is helpful and I am good at stilling the waves. Calm yourself down right when the lake’s current does too. Now there is no distinction between yourself and the environment. You become a part of it. Everything clicks. The world is safe….and you are alive! (yet potentially still on that witness stand!)

“I know that I know that I know!”

Understanding the effects of wind, waves and currents is not an easy subject to master. Waves (humans who may be intent on verbal attacks) behave differently under a large variety of different conditions.

So to be familiar with all, or at least rough water conditions, a professional seaman (or how about an expert witness such as myself?!), uses knowledge and skills to confidently control the ship through to the calm following the storm.  That’s what it takes to be a good expert witness.

In another blog, I’m continuing on with another element of emotional intelligence ~ EI ~ stay in the ship!

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Dam! Need Help on a Case? I’ll Search Until I Find It!

Some days do you feel weird because part of your daily routine has changed? It happens quite regularly with me. Yes both, feeling weird and not having a typical day!

Image result for images feeling weird

Time that follows after finishing work on an in-depth legal case can feel unusual. How about the time after you’ve completed a project or a presentation that you had spent hours on or when you complete a long-term educational goal…and the homework is done! You know what I’m referring to. You feel different!  And kinda weird, which is okay. In fact it’s great.

After I’ve served as an expert, I can relax and think upon the experience and what I learned about myself and my role in the process. I consider  how I did good and how I could do better. My work opens up experiences where I continuously learn about work!

My everyday work as an “expert” requires me to research and study the subject matter at hand. So, I make my own homework all the time….and seem to like it! Am I or am I not an unusual person? I absolutely love to study and analyze information! And like my brother Steven always did, I like to come up with theories and see if I can prove or disprove them to myself. Some of Steve’s theories however, defied gravity, like his skateboard stunts, and water skiing….I still don’t know how he could fly!

Steve

The meaning is:  Crown, wreath

I looked up “Steven and dare devil” and found out that on August 18th 1985, a Rhode Island bartender named  Steven Trotter made the trip over Niagara Falls in a barrel wrapped in inner tubes. Mr. Trotter was fined a total of $5,503. Then, he did it again!  On June 18th, 1995, Steven returned to the Falls and made it another success. This time he and a female partner (a caterer) made the big drop together. That is all fine and good for them, but what about the rescuers? Somebody had to help get them out of “hot” water. Oh my! My brother Steven would’ve loved it! I remember as children visiting Niagara Falls (height of 167 feet!!) many moons ago with the family. I would love to visit again.

But instead I only need to travel to the pedestrian bridge over the Des Moines River. I love to stop on the south side of the Women of Achievement Bridge and gaze down at the beautiful falls from the Center Street dam…the dam height is 15 feet! I love the dam in Iowa Falls too which has a height of 26 feet! Or course the Saylorville dam is fun to visit too, especially when it’s flowing full force and you get splashed! Dams are gorgeous yet dangerous! Dam! 

Bud

Here’s to you bro! I always have a sip or two on July 17th (Budweiser is not my brand of beer) at a favorite local cemetery and let Randy drink the rest!

I think about people who are daredevils and what their personality and temperament are like. Okay, someone similar to my brother! Someone who takes risks, not silly or reckless dares, but a good slightly risky risk. Are you a person who accepts dares….or risks? Think about your job and your role at work. Think about how I can help you. Law involves uncertainties and risks that cannot be quantified. Some cases may be “risky” because of their sheer complexity or because the subject matter cannot be reasonably measured.

I recognize that when I’m called upon to help on a legal case everyone has a role in the process. From me you will receive a report that is clear, truthful and comprehensive. Here’s a little story about me:

I once searched for a solid week for a pearl that fell out off a ring from my finger as I was leaving my apartment. The pearl fell through the deck slats and landed somewhere in a huge mess of leaves, etc. below. I had to go to work, but upon coming home I looked for the pearl. I looked every time I left the apartment until there ya go! Image result for pearl blackI found it!  I am one persistent person when it comes to finding something I absolutely know is there! 

Image result for pearl black and white ring cartoonAn incredible ring!

If there is part of your job that is somewhat risky, convince your brain that you are not scared of said dare or risk, and how proud you will be of your accomplishment. Consider all outcomes, and don’t forget others who are or could become involved. Then gather the courage and just do it! Don’t stop until you are done. Feel the exhilaration! This is similar to serving as an expert witness!

Skydiver

 Be safe, especially if you have a dangerous job (or hobby)

What will I study next? How to sky dive?  I would love to! And I’ve thought about it……. Hummm, maybe in Brooklyn! Actually I want to get into art. Not that I’m good at drawing or painting. I just want to study and learn new techniques. Not that risky huh! Stay tuned!

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Cross Examine….and Win Em Over!

An attorney who excels at cross examining an expert witness is thoroughly knowledgeable of the case. Think of the volume of information the attorney needs to absorb. All data that comes into the case has to be analyzed.

Using intuition and instinct to discover weak points in the witness’ presentation, the attorney formulates and asks clear questions to elicit precise information in a fair and calm manner. This requires patience and and self-control, especially if you’re working on the spot!

I’ve been a vocational expert witness during workers’ compensation court proceedings about 12 times over the last 16 years. I have served in courtrooms (mostly conference rooms with a deputy commissioner presiding) with up to eight people present.  For a copy of my most recent litigation history, please inquire.

It’s important to be familiar with rough courtroom conditions, especially when on the stand.

I’ve experienced verbal assaults on my work, my credentials, my vocation, and even my personality by the opposing attorney. I learned a lot from prior mistakes but even more from recent successes.

I was the primary job placement specialist in my first court appearance many moons ago. The opposing attorney stabbed my body language…in an erroneous and made up way. I denied it and because there was nothing to see because human bodies speak for themselves, he undermined his credibility not mine. And I remember that.

A recent court case involved typical cross examination, starting out with repeating basic questions to get different responses from me…then the pressure. I used first-hand knowledge and communication skills to respond to his questions, remaining true to my convictions while expressing strong belief in my work.

Hopefully I revealed to everyone in the room that being confident, calm and polite is a respectful way to answer difficult questions (even personal attacks). The judge on this case was newly appointed. I don’t know the decision nor have I reviewed the transcripts. These help to some degree.

My goal as an expert witness is to win over the people in the courtroom.

To prepare for cross, I think of all the factors that may arise on a case and memorize 5 to 7 main issues or circumstances, paying attention to what is most likely the heart of the matter, commonly being extent of occupational disability. I realize the cross examiner will try very hard to prove his or her theory of the case, while devaluing mine.

The opposing attorney wants to discredit me, and will piece away at any potential weakness in what I said or reported.

I rely on my expertise, research on disability and rehabilitation, objective evidence, direct placement experiences, the principles of ergonomics, and the provision of reasonable accommodation to help determine an individual’s work potential.

I understand how worker profile changes may impact access to the labor market and wage earning capacity. I can respond creatively by highlighting the constructive and favorable strengths of how my work brings successful results.

I educate everyone in the courtroom about the scope of my practice and how it works when the individual agrees with my approach. Most importantly, I focus on matching people within their own world of work.

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Rights of the Expert Witness ~ I’ll Take a Veggie Slice, Please

Rights of the Expert Witness

expert

I continue to assess and evaluate (there I go again!!!) my rights, values, professionalism, and of course ethics (which I really enjoy!?!) and am hopeful to write more on these topics and my career in the field of forensic rehabilitation counseling.

As far as rights, I found this great listing online (website is referred to below), and yes I added the graphics!

I agree with the following essential considerations for taking on the role of expert witness:

  1. I have the right to be paid for my work.  Dream of Getting Paid
  2. I have the right to be prepped in advance of my testimony.
  3. I have the right to ask questions about the case.
  4. I have the right to work for either side, without fear of retribution.
  5. I have the right to change my opinion from previous testimony, as long as my opinion is evolving (based on new information, science and/or experience) rather than revolving (based on which side I’m working for).

Butterfly

6.  I have the right to say “I don’t know”, if in fact, I don’t know. Just because I’m the expert doesn’t mean I have all the answers. I am clearly okay to say “I’m sorry, that’s outside my scope of practice”.

7.  I have the right to solicit objective feedback about my testimony from  the attorney who has called (and of course, they have the right to  decline to give it).

8. I have the right to set limits with counsel about the scope of my testimony.

Stop9.  I have the right to disagree with another expert’s practices or  conclusions, even when I perceive that expert to be: a.) more educated;  b.) more famous; or c.) more experienced.

10.  I have the right to disregard the initial instinct to view opposing counsel’s expert as the enemy, but instead recognize everyone’s role in the process and share pizza and a bottle of wine with that expert after trial is over.

Pizza

 Truly, It’s All Good Work!

I am glad my career is moving forward! I accept responsibility when providing forensic vocational services to be clear, truthful and comprehensive in my evaluation and report products, and in my role as an expert witness.

Please contact me Amy Botkin for more information ~ 515-282-7753 or vocresources@gmail.com

I’ll take a veggie slice and a glass of Chardonnay please. You?

 

Source for Rights: http://www.forensichealth.com/2011/07/13/10-things-the-fho-expert-witness-bill-of-rights/

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Critiques & Rebuttals…Need One? Rebut No Matter What!

Vocational report writing is a very powerful form of communication and can influence the degree of success for the individual for whom it was written. I’ve written, critiqued and rebutted many reports.  I’m Here to Help! 

Image result for report images
I love to communicate
through the written word! How many people do you know who really love to write reports? I do!!

Let me ask: Have you ever read (or tried to decipher) a vocational report that doesn’t make sense?  Is the report ambiguous and difficult to read? Does the person it was written for understand it? Is it possible the report can be defended? Or should the report be ripped apart, piece by piece to get to its’ nuts and bolts? Want help? Need a critique or a rebuttal?

Image result for nuts and bolts cartoonRebut No Matter What!

Loosen, take apart and re-assemble that poorly prepared report…Will it fall apart or simple wobble on? A poorly prepared report stresses difficulties but doesn’t offer much information about solutions. It talks about weaknesses rather than strengths; deficits and negatives rather than pluses and positives. It seeks to make threats rather than suggest changes. It uses multiple words, unclear statistics, and a slick method to confuse rather than clarify.KeepitSimple

Simply, it’s not helpful to write an entire vocational report about how bad off the person is, especially without mentioning plans to help make a positive impact on the individual’s life.

I love to comb through reports and make all attempts to uncover what the contents say to the reader.  Just because it’s a report doesn’t mean it doesn’t have to make sense! A report still needs to flow, tell a story, describe details and make valid and reasonable conclusions.

Bull
This was my husband’s Grandpa Cliff Yearington’s Bull. Cliff knew a lot about Bulls & Bulls*** too. 

Here’s a sentence commonly found in reports from the same person that I’ve been asked to rebut. [Keep in mind this line comes after results of testing that are not explained at all!]

It is important to note that the purpose of all vocational testing done and reported here is to compare an individual’s current performance with their past performance as documented by their education, training, experience, and the standard worker trait factors associated with that history.

Say what? What does this run-on sentence mean?  The writer is using testing to compare performance? Did the evaluee’s past performance have anything to do with the testing administered? Did this person take the same tests throughout their work history? And then the paragraph continues…

 It is NOT correct to confuse an individual’s current test performance with performance in work prior to injury, as current performance is likely affected by the sequelae of disability.

Okay, now who is confused? The test taker? The person administering the test? I’ll tell you who….the reader!Related image The reader is easily confused by a poorly prepared report! Don’t be a confused reader! It’ll get you nowhere!

My initial question regarding this report scenario, maybe helping to avoid confusion from the get go, is WHY were EACH of the specific testing instruments administered at all to this specific person? What is the rationalization for administration? To be ethically sound, administer testing only with a direct and relative reason to do so. 

I’ve written a professional report about my opinion on ethics and use of testing in vocational evaluations. Please contact me for a copy of the report. If you are my contact on LinkedIn, you’ll find it there readily available for now.

The underlying use of testing results to try to prove a person is permanently and totally disabled raises many ethical questions. Would you want that for yourself?

A test, really, a series of tests that I was forced to take, I didn’t understand, and simply put I didn’t want to take……those results determine my fate? Absolutely ridiculous! Results of testing are meant to assist a person for true and valid reasons…..not to paint a picture of “post injury residual vocational potential”

Image result for testing cartoon

Would you like to take ~ 10 tests in a single sitting? No!

Without testing, evaluation is merely speculative

Really now? I’ve helped to place literally hundreds of people without administering testing! And many other placement people do too!

Yes, I use certain standardized tests and self-assessments to help people when it is appropriate for reasons directly related to their placement goals, but that isn’t all I use during a vocational evaluation! I gather knowledge and assess many other areas involving work, interests, skills, aptitudes and lifestyle to help. I do not rely on only the use of test results!

Back to report writing (which I love to do!)  Writing is a very specialized skill; and I continuously study, practice and improve upon my own skills. As a professional writer, I never stop training! I think I gained natural talent from my Grandpa Jack, a journalist!

Image result for writing

When I’m writing, I get very absorbed! My office cat will testify to that!

Again, do you need a critique or a rebuttal? Have you recently read (or tried to decipher) a report that doesn’t make sense?  I’m Your Person to Help!

If your opinion on a case doesn’t mesh at all with the report on your desk, please contact me to help sort out the discrepancies. Keep in mind, I know opinions are just that, opinions.  And reports are meant to answer questions, not raise more!

I also want you to keep in mind that if you believe in the truth, there’s a way to show it. Contact me for expert testimony and witness services, too! Oh, and I definitely can rebut a life care plan as well! Thank you for reading this lengthy post!

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Employment Discrimination and Help With a Litigation Fix!

As a vocational expert, I can help sort out the consequences of employment discrimination cases in many ways and from “both sides of the fence”. What does that phrase mean to you?  To me, it means I will be fully instrumental to help serve your client without falling off and hurting the case because I have a full grasp of what I’m on to. To accomplish this goal, I balance and use all my instincts and brain power….kinda like a cat!

Black Cat on FenceCat’s tails are instrumental in balance!

Cats’ tails serve as a counterbalance when cats walk on narrow spaces, such as fences. However, one of my felines from long ago, (Max 1987 – 2002) was a Manx, henceforth no tail but he was well able to manage cat life with his strong body shape in every way! I asked my vet, and yes, even cats with amputated tails have proven to re-learn how to balance.

Employment discrimination cases need plenty of proof and evidence. Loss of salary, loss of benefits, and lengthy unemployment can be quantified pretty easily. Other issues are more difficult to assert. For example, if there is a claim the loss of job adversely impacts income and questions surface regarding economic realities, I can help with educating the individual on how to engage in a meaningful and productive job search, or I can assess the extent, quality, and reasonableness of a current job search. It is important to keep employer attitudes towards hiring an individual terminated from previous employment in mind.

Further, I can help to determine the impact on earnings potential and perform a vocational assessment and evaluation that provides data such as ~

  • the number, types, and wage level of jobs available prior to the discriminatory action
  • vocational options following the discrimination or termination
  • local job availability and wages and benefits associated with those jobs

I can also help uncover whether or not a good cause for termination of employment existed. That’s why documenting real time employer comments become helpful to sort out the nuances of the case. I’ll take a deep look at a behavior or situation that any reasonable person agrees would warrant discharge. I can help determine the ramifications of ~

  • Work performance and productivity
  • Attendance
  • Violation of work policies and rules
  • Dishonesty
  • Endangerment of health and safety*
  • Illegal conduct
  • Insubordination
  • Personality/attitude problems
  • Poor interaction with subordinates.

*If disability is involved in the case, under the employment provisions of the Americans with Disabilities Act (Title I of the ADA), I can assess for reasonableness and identify reasonable accommodations. Keep in mind I believe that for every disability there is some form of assistive technology to allow continued employment.

If necessary, I can provide expert testimony to help prove the loss of job was or was not reasonable. Do you have a case where I might help? Give me a call and let’s talk about your case. I hope you’ll find our conversation interesting! And if you like cats, let me know why. And if you don’t like ‘em, I’d really want to know why!

DudeCats have other unique advantages besides their beloved/not so loved personalities.

If falling (which doesn’t happen much based on my own personal cat ownership research) a cat’s head twists to inform the brain exactly how to restore alignment in a millisecond and a perfect landing is guaranteed!

16 Claws

 

If a cat falls from a porous surface, sixteen hooked claws do their work in an instant!

Do I have you more interested in cats or my work as a vocational expert!?!

Felix Feeling Loving 5-30-2010

Felix (2002 – 2015)

I very much miss my Felix. As mostly a cool outdoor cafe’ kitty, you were quite a lover! Felix shared his feline life with me through many a fix (both his and mine).

Keep me (and Felix with his secret bag of tricks) in mind to help in dangerous situations. I definitely can help your case through a litigation fix!

Vocational Resources Plus, LLC * 515-282-7753  * VocResources@gmail.com

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Working on a Litigated Case Involving Work & Disability? A Job Analysis Can Help!

Are you working on a litigated case involving work and disability? A Job Analysis can help in many ways!  A job analysis involves the process of gathering, evaluating, and recording objective data about a specific job. It evaluates what an employee does, why the work is done, how the work is done, results of the work, the skills, knowledge, and abilities required to perform the work, and the context in which the work fits into the organizational structure.

JA

A Job Analysis is Helpful in Many Ways

A complete analysis involves visiting the job site to witness the job being performed and interviewing supervisors and employees about the accuracy of existing job descriptions. Consulting with management and incumbents of the job along with digital video recording allows for a critical analysis of the parameters of performance pertaining to physical demands.

Once the job analysis describing the critical duties of the job, an evaluation of the work environment is completed, and a report written and presented, there will be a greater understanding of the essential functions of the job.

JA Matrix

This understanding allows me as a vocational expert to make recommendations for reasonable accommodations and to testify to the efforts of the employer to provide reasonable accommodations.

Need help with a litigated case involving disability and work? I help with plaintiff/claimant and defense cases. Call me, Amy E. Botkin, today for a free 15 minute consultation.

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-282-7753  * VocResources@msn.com

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.