Employability, Hireability and Placeability ~ Got Ability? Need Proof?

Reading Time: 4 minutes

To continue on with my post on getting level during divorce, I’m offering working definitions of 3 of my favorite ability descriptors which are:

Employability, Hireability and Placeability

Looking for proof icon

Although my vocational assessment and evaluation assignments span a variety of jurisdictions and are designed to meet referral needs, the concepts of Employability, Hireability and Placeability remain constructively intact.

~ Employability ~ Can try to prove

employabilitySimply put, employability is about being capable of getting and keeping fulfilling work. It refers to the capacity to function in a job and to be able to move between jobs the person could actually do considering personal circumstances. There may be an overlay of disability, physical or mental limitations, or specific work-life needs that come into play when determining a person’s employability.

Employability depends on the knowledge, skills and abilities and how these assets are used within the context which work is performed or is sought. To evaluate employability, it helps to break the concept into manageable pieces. I take a look at the skills, attitudes and behaviors the person has developed through their work background and a variety of other life experiences.

To know if those skills, attitudes and behaviors are in demand, I then research and survey the person’s labor market to identify jobs that match the person’s background and capacities.

It works best for me to highlight the person’s skills and capacities in the best possible light! Skills are transferable regardless of disability, especially with creative adaptation and accommodation.

In addition, if there are avenues to match the person more closely with jobs (eg: short term training), further vocational research is performed with the results offered in a helpful way.

~ Hireability ~ Cannot prove

Hireability

The term hireability is a way of describing the likelihood an individual might get hired for a job they are physically and psychologically capable of performing.

The most prevalent method of hiring is the interview, therefore, it is always helpful to view how a person presents their skills. The individual’s presentation is critiqued, job searching skills are assessed and other issues are addressed relative to the potential to attain employment in various environments.

Further, hireability is about a person’s soft skills, including their style of communication, level of self-confidence, initiative, tact, and motivation. All these elements are important to a business who has hiring needs!

Throughout my placement experiences, I find businesses look to hire individuals who are responsible, trainable, friendly and able to work on teams. Reliable transportation, good references, a neat appearance, and a pleasant personality are commonly preferred.

Throughout my placement experiences, I also understand often is not necessary to assess an individual for hireability, and to rely on the person’s natural ability to succeed without the need to administer a “test”.

~ Placeability ~ Can try to prove

Placeability is the likelihood that a person will actually access, secure and maintain work within his or her labor market, usually in a specific job or occupation. Placeability is affected by labor market conditions (outside of an individual’s control) and is partly about how in-demand the individual’s transferable skills are and how well she or he can present those skills.

The dynamics of placeability include the availability of jobs in a certain geographic area; employer attitudes and policies, the evaluee’s age and culture; and specific occupational hiring requirements. I’ve had many years of work experience placing people and there are numerous variables!

If the person has barriers to employment, for example a functional limitation that would benefit from accommodation, resources are discussed to avoid unnecessary conflicts in the person’s working world. Please realize all functional limitations are restrictions but NOT all restrictions are functional limitations!

Here’s another rather important variable: 

~ Willingness to Work ~ Can definitely prove!

I have testified to this several times. If you are a job seeker and need proof that you are validly looking for reliable work, let me know if I can help. 

Thank you

The bottom line for any business usually involves making and/or saving money! Are you doing that? If you are employed, yes you are! I thank you! And I’m sure your business thanks you too.

Need a vocational evaluation consultation? Contact me at 515-282-7753 or 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.

What Did Your Grandfather’s Father Do for a Living? Need Evidence on An Occupation?

Reading Time: 5 minutes

My mother Ann Dodge Prochnow, researched a book titled “Genealogy of the Dodge Family of Essex County, Massachusetts 1629-1894” authored by John Thompson Dodge Ph.D. Dr. Dodge was born in 1850 in Vermont. Dr. Dodge was a railway civil engineer. And he’s directly related to my mom!

My mom read the book (Ann’s brother Gerry Dodge accessed it for her online). It clearly took a lot of work, but my mom, with great speed, skill and accuracy of course!, typed several pages summarizing her research; and gave me a copy as a Christmas gift! I read it with fascination! While reading my mom’s paper, I heard myself saying hum, wow; and really?…and laughing a time or two!

Genealogy Book Cover Tree

It can be exciting to learn about a family’s genealogy!

Here’s my synopsis of my mom’s synopsis:

The Dodge’s are all direct descendants from Richard Dodge who was born in 1602.  My mom’s great-grandfather is Vilas Luther Dodge, born October 28, 1847 in Vermont. Vilas worked as a farmer and stock raiser in Jersey County, Illinois. He was County Supervisor and School board member, and also Director of Jersey County Agriculture and Mechanical Association. He was 5’9’ and 200 pounds! (sounds shaped kindly like someone I know….)

Vilas married Laura Dannel on February 21, 1871. Vilas and Laura had children born in Kemper, Illinois: Mary born in 1871, infant son born and died in 1872, George Dannell (my mother’s grandfather) born July 21, 1876, Ann Charlott born 1878, Fred Leroy (my mom’s Uncle Fred) born 1881 and Harriet (my mom’s Aunt Hattie) born 1886.

Genealogy of Dodge Family Book CoverThe Book Cover

George Dannell Dodge married my mom’s grandma Helen Porter in Jerseyville, Illinois in 1907 and moved to Chicago. There they had William, John Vilas (my grandpa), Helen and Laura. Later they moved to Evanston, Illinois. All their children attended Northwestern University. George died in Jerseyville in 1960s and Helen in her 90s in New York.

My grandpa Jack married Jean. They had Ann (my #1 Mom), John, Gerald and Kathleen.  By the way, Mom and Gerald (my Uncle Gerry who lives in San Francisco) are planning to get to the Plate side of Jean’s family in the future.

Throughout these years in history, the men of the Dodge name held many jobs with professions spanning many fields (read on below please…).

My grandpa John (“Jack”) Vilas Dodge was an incredible man and had an amazing career that took him all over the world! He worked in writing, as a publishing executive. I am very proud to be one of his grand-daughters! Mom tells me that her dad’s father had an insurance agency and his father’s father did too! (I need to talk more with mom or Gerry Dodge and get more detail!)

For my blog, I focus on colleges the Dodge family graduated from; and occupations employed by the Dodge family throughout the generations:

College graduates were from Harvard, Williams, Yale, Middleburg, Dartmouth, Colby, Vermont, Wisconsin, Amherst, Bowdoin, Brown, Columbia, Anion, Andover and Emory. Graduates included a few women!

Austin Hall, Harvard Law School Picture

Austin Hall, Harvard Law School

Occupations included: Farmer, carpenter, teacher, physician, lawyer, tailor, tanner, minister, legislator, shoemaker, shipping business, cooper, factory owner, cabinetmaker, blacksmith, mason, currier, leather dealer, stone cutter, stock breeder, clothier, editor, military service, insurance agent, constable, cotton manufacturer, banker, merchant, bookkeeper, newspaper business, lumber business, land surveyor, steamboat captain, harness maker, musician, and civil engineer. Pretty incredible careers  during this time!

Do for A Living

Lawyer, Teacher, Physical Therapist, Registered Nurse, Doctor, Accountant, Social Worker, Paralegal, Psychologist, Dentist, Engineer, Police Officer…..Chef! All Incredible Careers! 

I had to look up one job (not found  in O*NET but guess what, it is in the DOT!). A cooper is someone in the trade of making utensils, casks, drums and barrels and other accessories, usually out of wood, but sometimes using other materials. In other words, the cooper used many tools to do his work, he had craftsman skills with a keen eye for detail and a focus on quality control! I could consult with Living History Farms for a job analysis!

Plus I wanted to know the difference between work as a currier (a specialist in the leather processing industry) and  that of a tanner (a person whose occupation is to tan hides, or convert them into leather by the use of tan) so I looked it up! I’ve toured a tanning facility with my eyes bugging out at the strength needed by the tanners to throw the hides! In this case, what I could do is interview with a person who actually does the heavy work to get first hand information!

Heart

I love assessing  worker skills, researching workplace environments, analyzing jobs and interviewing workers! I love my work a lot!

As far as the numerous other occupations held by the Dodges, they range greatly. The Dodges used brain power, brawn power and the power to influence others (for example: attorney, banker, musician, steamboat captain, physician, engineer, insurance agent, legislator minister and …. clothier!) They used all types of machinery, hand tools, and up-to-date-for-that-time technology. The tools of any trade are tremendous! The talent from performing daily work and the credibility in a community becomes tantamount to a successful career. Boy would I have loved to interview any one of these talented individuals in their day!

A Clothier

A Clothier Was Popular, Yes Dapper Indeed!

I am completely fascinated by what people do for a living! Take some precious time and check into your parent’s parents’ work background. You well have well spent your time and you may be quite surprised! I was with the Dodge family that helped to form part of who I am! (Guess which part and win a prize!)

I believe work involves so much more than we think it does or see what happens when it’s performed! Think about your work and how it can evolve and change each day with your skill set! Are you tapping into your counseling? Science? Art? Empathy? Or are you ready for a vacation where your paid work takes a break? I’m not so sure your grandfather’s father received vacation pay (and nor do I as a self employed individual).

Bonus: Do You Love Your Work? Why?

Contact me, Amy (Prochnow) Botkin for vocational guidance or evidence on any occupation or career!  BTW, you wouldn’t find a forensic rehabilitation counselor back in the “olden days” which always brings to my mind the mystery of the working world.

If I can help you with your litigated cases, please let me know. Thank you for reading. Thank you for reading!

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.

 

Balance Your Case With Your Client’s Real Story. I’d Love to Write it!

Reading Time: 4 minutes

In her teen days my sister Janice (the Floridian) was quite adept at gymnastics, particularly on the balance beam where she made great use of her balancing skills. When Janice moved on to college, dad cut up the balance beam he previously made for her to practice on for a new use as exit steps from a sliding glass door to the back patio during a home renovation project! 

Balance BeamDad constructed a balance beam and re-purposed it as well!

Balancing is involved in many areas of day-to-day living and is critical to an abundant life. People balance tires, bank accounts, relationships, priorities and work, we eat a balanced meal….we try to keep a balanced state of mind. In my life, finding balance is an ongoing lifetime project. I’ve heard comments like: It’s good to fall / fail because it means you were trying. If you think about your success, you will be successful. If you think about your falls or your failures, you’ll learn to improve.

My dad’s balance had not been good lately, although he was working on improving it. He was receiving in home physical therapy through the VA and moved continuously during each day. But a stroke and a fall down his basement steps lead to no return to life on earth.  Before he was airlifted to the hospital in Mason City, my mom called and we drove in the middle of the night to be with him in the hospital room. And to help him die. 

Dad died a week after he turned 83 in the morning on 5/5/16. I’ve blogged about Death as Part of Living, and can now fully realize one has to die from many things in order to move through life and live fully….and there’s always a story to tell.

Highway BalanceRichard R. Prochnow

4/26/33 – 5/5/16

As my dad aged, he never stopped working hard and to his best ability. There was a balance in how he lived his life, and I’ll never stop learning from him! I can calm my mind and simply hear his voice when he called on the phone….“Hi Amy, this is your dad.” [Like I didn’t know!] Then he’d talk about what was happening! And it was real, interesting and well-balanced for the soul.

In whatever situation you’re in, keep on practicing finding balance, and you’ll find a way to not fall; or a way to increase your sense of balance at its core. You may lose direction or momentarily become blinded, but you’ll find your way again. Trust yourself. Just like my dad did driving thousands if not millions of miles on the road traveling to participate in the world around him.

On a lighter side (yes, I cried but I want you to think about your own life with no tears involved), as part of my personal story, I remember an incident a long time ago while I was working as a temporary banquet server for a hotel. As I was walking into the room full of diners with a large tray of full drinking glasses (lemonade, tea and water)….well, never mind. Let’s say there was an imbalance that could’ve been disastrous!

Spilled WaterI learned to readjust the next tray and focus on my goal: just to get the glasses on the table safely without spilling any!

We balance our bodies in many, many ways. Balancing skills make use of poses and states of mind to focus attention on work, yoga, aerobics, tabata, healing touch, hiking, golfing, bike riding…being with the person you love. You get the drift, physical activity that involves any number of exercise moves or mental positions.

Yes, simply thinking with a sense of balance is very, very good and helps avoid failure (and falling). Jurists use a balancing test to weigh the importance of multiple factors in a legal case. If you want to highlight these factors, especially those that involve work and disability, let me know. I will be prepared to help you bring a balanced case to court. I will write a report that tells your client’s real story, with a concentration on their vocational background and potential future. If you need a life care plan for your client, again, I can help write about why the plan is needed and the likely costs for the person’s care.

The Chinese Symbol for Balance.

Please know my work is my life calling and I continuously learn and practice balancing all to help you help your client.

 

I’m actually really good at balancing and am pretty happy with my physical and mental states of mind. Call me at 515-282-7753 to tell me about your case.  A vocational evaluation or a life care plan may provide just the balance you were looking for to tell your client’s real story.

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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.

Seen The Reasonable or The Unreasonable Person Lately? I Look Every Day!

Reading Time: 5 minutes

This is a summary of my written responses to a discussion question while studying forensics through George Washington University a few years ago.  It includes edits and additions of course, because that’s what a writer does

Question: What does the term “reasonable man”  as a legal expression used in both criminal and tort law mean to you? (That’d be me, Amy the student at the time, with the online discussion involving my cohort from across the country!)

Answer: To me, I believe the term “reasonable (ahemm) person” refers to a theoretical person in society who shows average judgment, skill or care in his or her conduct; and this “person” becomes a standard or a basis for comparison when deciding issues of liability in civil or criminal cases involving negligence. 

…But then I start asking myself more questions, like, so how would an average person behave under the “exact same circumstances and conditions” because how could the context or a situation ever be the same to more than two people? With unique personalities, the many layers of culture in society, who really can be seen as average? 

…and doing my own questioning again, I thought, just how is one average person selected during the formation process, let along twelve “average people” who are impartial to the case and have the energy and focus needed to develop into a jury pool?

Image result for jury cartoonI’ve been summoned for jury duty once in recent memory, but didn’t move through to a next step. I have no idea why! Although I would love to serve on a jury, as it is a right and a duty, I wonder if my profession for some reason had anything to do with the selection process. The one thing that would bother me though is sitting for a long time during a trial. Ouch! Would need yoga!

Okay, so I continued with my thought process and answer: Our legal system compares actions of people and makes a decision based on the factors involved whether or not a reasonable person would or would not do the same thing. Using this standard can lead to strange outcomes I’ll bet. For my research, I found an interesting read titled Brigham Young Law Review titled Better Off with the Reasonable Man Dead or the Reasonable Man Does the Darndest Things

It’s written by Randy T. Austin in 1992 and includes numerous citations and some funny foot notes! One part reads: The Reasonable Man first appeared in the law in the 1837 case of Vaughan V Menlove. The defendant’s haystack caught fire due to poor ventilation. The defendant had been warned on numerous occasions that this would happen if he left the haystack. The defendant argued he had used his best judgment and did not foresee a risk of fire. The court held his best judgment was not enough. He was to be judged by the standard of a reasonable man.

Another part reads: The Reasonable Man Did he evolve? Was he created? has had many first names: Prudent, Ordinary, Typical, Ideal, Average, Right Minded. He has qualities of a good citizen, an ordinary chap.

On the other hand, others say he is inadequate, makes mistakes, is selfish and afraid. He does typical things (for example, takes out the garbage, opens doors for others) he doesn’t do atypical things (like park his car on the busy freeway to scrape a small blob of bird poop off his windshield or drive his ball when he clearly sees golfers still on the putting green.)

Image result for bird poop on windshield

It was a HUGE Blob! All the drivers on the freeway should’ve known why I stopped!

The Reasonable Man is shy and he doesn’t want to talk about himself, but his best friends (judges and law professors) are happy to talk about him. And talk about him a lot they do!

The review concludes that the reasonable man has enjoyed a long and prosperous career in law and the author Randy believes due to the arbitrariness of the standard and insensitivity to gender issues, it’s time to thank him for his contributions and bid him a fond farewell. So be it.

Then I found this written by George Bernard Shaw to ponder: The reasonable person adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. 

Next, I decided I’m going to play a game I just made up called Reasonable or Not Reasonable? As I move throughout my city, in the community and my own hood, I’ll keep a look out for a Reasonable Person or a Not Reasonable Person and decipher what transpires (via my own eyes) and brainstorm why it may be that I think this person is or is not average. The context, situation and circumstances will matter, and whether or not I’m somehow involved in the interaction will too. 

I’ll tally up how many average people and exceptional people I meet on a particular day and then talk to someone (You, my attorney reader?) about my results. What do you think my probabilities will look like? No doubt in my mind this will be a fun learning experience!  As a counselor, I have that sixth sense about others!

Related imageAs an aside, have you seen the play production 12 Angry Jurors? I saw the play at North High a few years back, with Taylor and Bridget being 2 of the jurors. I’ve also seen it at the Civic Center with Richard Thomas as the lead. It’s a great dramatic production and makes you really think about doubt!

I’m sure you’ve studied the “reasonable person” standard, please share any good legal case stories! Thank you for reading, and just a little more, here’s the link to my disclaimer because I’d like you to read it, too. Let me know what I can do to help you help your client, especially with a case that’s going to trial!

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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 Examination is Like Playing Ms. Pac-Man & I Like it!

Reading Time: 4 minutes

I know that a good attorney who excels at cross examining an expert witness is thoroughly knowledgeable of their case. There’s volumes of information and data that needs to be absorbed and analyzed before going to court! 

You my attorney reader, use intuition and instinct to discover weak points in the witness’ presentation, and in a fair and calm manner, formulate and ask clear questions to elicit precise information. This requires patience and self-control, especially when you’re working on the spot! Job well done!

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 workers’ compensation deputy commissioner presiding) with up to eight people present.  Recently, I’ve also testified in divorce court proceedings, personal injury and medical malpractice cases. For a copy of my most recent litigation history, please inquire and I’ll be happy to provide it to you.

From my side of the stand, I better be familiar with rough courtroom conditions!

I’ve experienced verbal assaults on my work, my credentials, my vocation, and even my personality (I’m too nice, huh? hahaha!!) by the opposing attorney. I learned a lot from prior mistakes but I learn even more from recent successes.

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

Image result for old fart cartoonI have no idea what the old fart was trying to do, but the judge didn’t care for it either!

I remember another court case  (this was in Council Bluffs) that involved typical cross examination, starting out with repeating basic questions to get different responses from me…then the pressure was applied! 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 at that time. I don’t know the decision nor have I reviewed the transcripts on that case. I suppose decisions and transcripts could help me to some degree, but I don’t ever have direct access to them plus to me it’s likely they are not pertinent to any future case other than learning from miscue or miscommunication errors.

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 pay close to attention to what I want to say about 5 to 7 main issues or circumstances most likely at the meat of the matter, commonly being extent of loss of earnings. 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 eat away at any potential weakness in what I said or reported.

I really am pretty good at Ms. Pac-Man! Wanna play?

Ms Pac-Man

I rely on my expertise, research on disability and rehabilitation, objective evidence, direct placement experiences, the principles of ergonomics along with 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 and focus on the positive nature of change, motivation, and choice.

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 match people within their own world of work which takes time, attention and a great appreciation for the jobs people do everyday.

Image result for jobs cartoon

Need help with your litigated case involving work and disability? Let me know what you see as the most important aspects of the case and I’ll let you know if I believe I’m the right person to help you help your client.  I’ll view my  interests, do a conflict of interest check and consider whether or not the case is in my area of expertise. And keep in mind I work on both sides of the fence!  Need an expert?  Contact me and thank you for reading.

___________________

 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

Reading Time: 3 minutes

Rights of the Expert Witness

expert

I continually 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). 
  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. 
  9. 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 continually evolves! 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. Thank you for reading!

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.

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

Reading Time: 3 minutes

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 gets 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 not an expert in dynamite, I am in forensic rehabilitation consulting!

Gopher

Popping out, Gopher exclaims “Somebody call for an expert?!” 

After thinking it through, Pooh, with assistance from his friendly team, realizes how to get unstuck. He agrees with Christopher Robin’s recommendations to patiently wait until he gets thin. Time passes, and it works (he gets thin!), however, he still needs a good jolt to move through the door. The team is successful and Pooh ends up in a happy place…filled with honey! 

Honey! Yummy! Related image

I hope you appreciate this Pooh story. I, too, use my expertise to help out in complex cases. I also hope you realize that a good expert has more than expertise that you can appreciate! 

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, all my training including my background in Community Health Education helps!  And you know what else, a good expert like me cares. I love my career, and deeply care for my work.   

When I made an executive decision to study forensic rehabilitation counseling at George Washington University (back 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 yet another educational program allowed me 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!

___________________

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

 

Medical Practice and Procedures…It Happens, Things Go Wrong. Need Help with a MedMal case?

Reading Time: 5 minutes

[Original post date: March 29, 2018] Time for a health update blog, a personal one, difficult to write with a mix of questions and a couple stories about medical practice and procedures. The point is my attorney reader, I want you to think about me as a forensic rehabilitation consultant, and how I can help you help your client who is involved in a medical malpractice lawsuit!

Randy’s heart took a detour late last summer, 2017 when the ticker was running really fast.  Randy doesn’t participate in races (I’m the competitive one!), but his heart sure was! He does however donate blood on a regular basis. In fact, he was donating early on a Saturday morning (he’s donated 14 gallons according to the sticker on our front door!) when the nurse at the blood center told Randy she thought his pulse was “strange.” His precious blood was still drawn (double reds)!  

Randy is a popular Type A- donor.  

Questioning here ??? Should the nurse have continued with the blood draw knowing the pulse was “strange?” Well, she did! Luckily, no harm done. When Randy got home (rode his bike at what speed I don’t know! to/from his blood donation date which is common cuz he’s an avid biker!), I took his pulse and in fact, it truly was “not right”.

A couple days later, he had a doctor appointment (I scheduled it out of wifely concern); and sure enough, we got tachycardia…going 144 bpm. This means a cardiologist is needed. BTW, thank you to the nurse at the blood center for catching this.

Following an array of testing, diagnostic procedures, and preparations, he received an ablation early November 2017. Thank God it worked! Randy’s back down to a regular beating heart and a normal pulse (his BP was never a concern.)

His cardiologist did an excellent job and Randy was back riding his bike in a short period of time. He wasn’t happy to be told not to ride! In fact, I know he disobeyed his doctor’s orders one day.

We expect our doctor to always be right. We expect our nurse to always be right. We expect all our health care providers to always be right. We in fact, expect our bodies’ to become “right” whenever we receive treatment in the medical field.

But things can go wrong and a patient can become injured during the course of treatment. That’s why we have attorneys to help, right!?! And yes of course we expect our attorney to always be right, too!

“Dr. NeverWrong”, the cardiologist who performed the ablation on my husband’s heart has this nickname! Charlie the RN, one of Randy’excellent nurses while hospitalized told me of this nickname and the fact that the cardiologist has a fan base (being only one of few docs in town we were told who performs ablations).  Because the doctor was humble, gracious, and ever so respectful, I’m sure he would not want to be called  Dr. NeverWrong! Can you guess who I’m referring to? What? Attorneys don’t guess! 

Okay, now on to me. Recently, I was involved in a medical situation which could be worthy of a claim. How do you help your clients decide whether to file a claim? If there’s been harm done? Here’s the abbreviated personal story. 

Image result for patient gown cartoonWhen preparing for a mammogram last October 2017 (sitting quietly in a heated gown!) and waiting for the machine set up, I informed the technician of an unusual skin issue I was experiencing thinking it was poison ivy. I’ve had my share of poison ivy issues, even a four day hospitalization for a severe case in the past (contacted through an outdoor camp fire.) Watch out when you burn wood, my reaction was horrible. Anyway, the technician dismissed my concern and we went ahead with the mammogram.

To not go into detail  uggh ; [   I ended up with a severe skin condition I believe was spread by the mammography machine.  Let it be known I truly love big machines, (especially cranes), yet this large machine is not one of my favorites following what I experienced.

I was absolutely miserable and the condition lasted too long. I ended up going to the ER once on a Sunday and urgent care twice during the weeks that followed. I made these visits because I couldn’t stand the physical and emotional toil…and my doctor’s office wasn’t open at the time of my needs!  Not until I went back to my personal MD to finally get the correct diagnosis and a prescription did I begin to feel a little better.  

Image result for skin cartoonBut the prescription did NOT help and in fact the condition worsened. I literally had to just wait this one out and deal over time with the largest organ in my system: the skin. I was so distraught I even sought mental health care. I’m okay now, thank you! Whew!

I didn’t file a claim, should’ve/could’ve I? The time, energy, money and definitely my mental health was compromised and consumed in a fashion that I certainly didn’t choose. The only time I have filed a legal claim was when my parents sued the railroad for their negligence leading to my car/train collision and subsequent injuries, hospitalization and rehabilitation (there’s much to this personal story).

I think the key into what makes or doesn’t make a person seek a lawyer when they think they’ve been wronged has to do with respect (or lack of) by a medical provider. Of course, everyone makes mistakes. But negligence, followed by covering up issues and not telling the truth is where the wrongs and not the rights come in to play.  That’s not where I come in just yet, that’s where you, the attorney is on the field. I enter the game by sorting out what the plaintiff needs and the costs of those needs.

If you need a life care plan for a client who has filed a medical malpractice claim, please contact me.  Following a needs assessment and subsequent life care plan, my recommendations are grounded in rehabilitation. I’m not saying I’m always right myself.  But I will tell you I care and I will do what I can do to help you help your client.

Please don’t contact me if you will act more like the red devil lawyer on the left. Sorry, I’m not interested in helping. However, if you are a good attorney like the white angel on the right who truly cares about your clients, contact me! I’m here to help!

 

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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.

 

 

Got Questions? Ask the Vocational Expert!

Reading Time: 4 minutes

My work is helpful during litigation following an injury or condition that leads to disability.  In any type of litigation, if the disability or limitation is significant, more than likely there will be questions about work and future earnings. In fact, a multitude of questions will arise as the case develops. As a well-trained and open minded vocational expert, I love to answer (and come up with) questions!

Do you have questions regarding a person’s future in the workforce?

Answers

 I’d love to find your answers!

Solid and detailed answers will describe employment related issues relevant in workers’ compensation, wrongful death, medical malpractice cases, personal injury, family law and many other areas of civil litigation.

It is important to quantify the loss, but how about going further to qualify it and define the best course of action to remedy it? Let’s characterize what is really going on by providing the facts, then finding help in the best places and describing everything in detail! Keep in mind, I pay particular attention to rehabilitation, health and safety!

Questions involve a multi-layer approach & so do Answers!

PuzzlesQs

What, Who, How? Where, Why, When?

Start with concrete observations (What):

Continue on to the specific people involved (Who):

Move to understanding (How):

Describe the locality and environmental issues (Where):

Step out on a limb of interpretation (Why):

Specify timelines and approaches that make sense  (When):

QsI know, I know, as an attorney you don’t like to ask questions that you don’t have the answer to! But you need the facts backed up by an expert, like me!

Qs
Fire Away!

These are randomly generated great questions! Remember, your answer will be multi-layered!

What occupation(s) is this person qualified to do?

Is this person employable? Where?

What is the outlook for certain occupations over the next 5 years? 10 years? etc.

What are transferable skills and how are they applied?

What are this person’s key transferable skills? How in demand are they?

How many jobs has this person held? Is that “normal”?

What did the person’s job involve? (Is there a need for job description and/or job analysis?)

What was the real reason for termination? Why did it happen?

Why has the worker not found employment?

Is the job search reasonable and effective? How can you be sure?

Is the quality of the job search material (eg: resume and cover letter) effective? How?

Are there specific criteria when targeting key occupations? If so, what are they?

How long does a job search take in a particular field? Why?

Why is motivation a factor in a job seeker’s vocational goal?

QsIs this person motivated to find work? How is that so?

How is a person’s employability assessed?

Are there places this person could work? How does one connect to that type of work?

Has this person sustained any career damage? How?

Are job seeking skills critical to the job search? Why?

What barriers influence this person’s hireability? employability? placeability? *Key Placement Factors*

What factors influence compensation and/or earnings?

What vocational services are available to assist with return to employment?

Why is this person underemployed? Will retraining for a different occupation help? How?

What are Soft Skills? (See Soft Skills Matrix) Does this person have many?

What motivates this person to work? (See Motivational Assessments)

What is the wage range for a particular occupation (or field/grouping of jobs?)

What are the statistics reporting in on this particular job?

What resources are useful for a job seeker?

Is the work physical demanding? How so?

Are there ergonomic issues in regards to this work? What are they?

What assistive technology or work tools would allow the work to be performed differently?

Qs

What markets employ this vocation? Is it viable?

What is the effect on smoking and pain? Or to overall injury recovery? Why?

Is age discrimination occurring? Why is this?

Is this person’s mobility in the workforce good or not good? Why?

What accommodations are available for work? How are they accessed?

What are the job requirements or essential functions of this work?

Does the work environment affect productivity? How?

What does this person’s future employment outlook look like?

Has this person sustained any career damage? How?

What is this person’s earning capacity? How is that calculated?

Qs

Just one more question…

Why not call me ~ Amy ~ at 515-282-7753 for help? 

FREEFree 15 minute consultation offering!

If you have questions on a case that have anything to do with work and serious disability, you need solid and detailed information to base your decisions!  Additionally, life care planning that encompasses forensic vocational rehabilitation consulting is a unique concept. It offers you, the judge and jury with information guaranteed to help your litigated case move along. 

If I could help you help your clients, please let me know! Contact me 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.

Free Initial Consultation on Personal Injury Litigation, Give Me a Call!

Reading Time: 4 minutes

Free is always my favorite Word of the Day! What about you? Does free rank right up there? Image result for freeIf you’re not aware, Zombie Burger makes excellent milk shakes in their laboratory! And what’s really special is on your birthday your shake is free! 

The chocolate wedding cake shake is my favorite, although it’s really “only a chocolate shake”. I like to pretend it’s a unique shake made by my only daughter (who works at Zombie Burger and is currently attending DMACC), only for me to commemorate my birthday and my wedding anniversary, all mixed together deliciously!

Image result for chocolate milkshakeSpoil me, don’t spill me!  Actually when you think about it, I’m a basic, simple customer considering how many different shakes are available and what I could order!

You and I, my Attorney Reader, Image result for chocolate milkshakecan meet and I can offer you free initial consultation to discuss your litigated case and how I might help you to help your client!

Image result for freeFree Initial Consultation on Personal Injury Litigation!

I may not foot the bill for your meal (let it be known we can equally share in the cost), but I will offer you a free steel straw to drink your shake from! Trust me, any shake tastes much better through a steel straw rather than plastic.  

If it’s not your birthday on the day we meet, I will buy you a shake of your choice! And during sips, we can talk about my bill rate, along with other business policies and procedures  pertinent to involving me on your client’s case.  

If you have questions on a case that have anything to do with work and disability, you need solid and detailed information to base your decisions. I am here to help you answer questions and build your case. 

Image result for jalapenos cartoonKeep in mind when we meet, I may even try to motivate you to try my favorite sandwich with extra jalepeno just the way Arin knows I like it ordered!  And I can introduce you personally to the front hosts, a fine, upstanding couple! 

Image result for jalapenos cartoon

Excuse me, I’m losing a bit of focus between thinking about eating ice cream and hot peppers with zombies, and I’m hungry! So at this point in my post, I want you to know I can also help your client by designing a life care plan.  

A plan helps determine lifetime needs and costs of care to address serious injury resulting in permanent disability while highlighting the medical recovery process, current problems and potential complications.

Life care planning that encompasses forensic vocational rehabilitation is a unique concept and I am able to provide this service.  As a certified life care planner, I guarantee I will comb through the healthcare and vocational complexities of your case,  prepare the most comprehensive plan I can for your client, and come prepared to educate a jury should it go to trial.  

Related image

Contact me at 515-282-7753! Let’s talk briefly and set up a time to meet! Image result for free

I’ve uploaded an updated resume along with a sample plan, and brochures on my co-companies, Vocational Resources Plus and Life Care Planning Resources Plus, which you can access at the links on my website. Any questions are welcome!

By the way, Zombie Burgers’ knowledgeable staff (especially my daughter!) is used to working with various dietary preferences and restrictions, so let your voice be heard (comes naturally!) when you require specific food and drink or you have interest in requesting something new! I am a vegetarian; and I tend to order the same food and drink (boring I know) when I eat out at my restaurants! 

Most importantly, always be sure to leave good servers a good tip $$$.  Here’s my free counseling “tip” for the day:  Practice yoga at home, it’s free!  I hope to hear from you soon. Thank you for reading my 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.