Like Mother, Like Daughter, One Tough Cookie! Want One in the Courtroom?

Reading Time: 6 minutes

Thursday, May 28th, is my daughter’s 24th birthday. I am proud of her in every way (currently she’s into gardening)! She’s physically and emotionally strong, independent, and One Tough Cookie!  Off the top of my head, here’s a few memories of my daughter and her “toughness” over the years. 

One Tough Cookie!

Before she was born, let alone named, her birth cord was wrapped around her neck while she was being delivered. As I was pushing down as one is to do during natural child birth, the doctor told me to STOP!

What? Stop? So I did and, (not knowing what was going on) he very quickly cut the cord from around her neck, and blood shot above me onto the ceiling. Nice, huh, and yuck! My new baby girl scared her parents alright! She was just fine though and had a good APGAR. Rather quickly, the housekeeper came in the room and cleaned the blood off the ceiling with a mop as I was still lying in the bed. Yuck again! She was doing her job and it was much appreciated!

Pin on blouse mtrl

Arin was a calm baby!

I remember the first day of her life, Arin seemed to care more about how the nurses felt when holding her than actually being the new baby in the room. And her eyes were (and still are) so huge, she kinda looked like an alien with eyes on both sides of her head! 

Later in her babyhood, heck, I cut her toenails too short and they bled. I felt horrible, and this was my 3rd child, but she didn’t cry.

Around age 3,  Arin fell from a chair at the babysitter’s kitchen table while she was eating lunch. Upon facial impact with the floor, her  front tooth was knocked out, and said tooth landed down in the heater vent, where it potentially could have trace elements today.  She was whisked to the ER by her sitter, but there isn’t much one could do for this injury, other than wait! 

Baby With One Tooth ClipartIt took years for her new tooth to come in.

Last year around this time, she had four wisdom teeth removed. She was tough with that surgery and the healing time involved…and her poor face was so swollen. This link takes you to a blog for a bit on costs of the procedure!

When she was a little older, around 8ish, we were working in the basement and somehow the iron got knocked off its board and landed on her foot. Her big toe sure bled a lot and a deep bruise definitely developed and stuck around. Luckily the toe wasn’t broken and the iron wasn’t hot! Yikes!

Here’s another story of my dauther’s toughness: As were in the process of remodeling our house (in 2009), Arin would’ve been age 13, she was cleaning our new windows (with water and an ecloth!) and the larger kitchen window suddenly fell down (the type of windows that fold into your house), whacking her head.  Her head broke the glass, and the glass shattered on to the floor. Arin immediately felt a headache, but there was no blood involved and we didn’t take her to the doctor, but I certainly cared for her closely and watched like a hawk for any concussive symptoms! I informed the salesperson who sold us the windows of this mishap, and he showered her with gifts. He was probably pretty darn grateful that we didn’t, gasp: sue! But no we did not, and her strong head was fine. 

With New Nordic Emojis, Give Your Texts That Finnishing Touch ...

Moving on into her middle school years, from what I was told by said daughter, she went snow shoeing on recess. Somehow her tongue landed on a metal pole, got stuck and she had to pull away from the pole. Yep, her tongue ripped and yep it bled and yep it hurt like he double toothpicks. 

She said this was a dare; the sticking her tongue out purposely onto a cold pole in the middle of winter. But in reality, I believe she fell into the pole because she wasn’t very good at snow shoeing. Again, nothing really you can do for this injury but give the tongue time to heal!Image result for tongue pierced cartoonA while later she got her tongue pierced anyway! She also pierced her septum; eyebrow too. Don’t forget thee belly button piercing! (I actually did that once, but let it grow back because it bothered me when I did a yoga pose or exercised on my stomach).

And speaking of, both her ears have pretty good sized gauge holes! I’m not including the numerous tattoos Arin has received.  To me, getting a tat seems a little too drawn out painful.

ColorColorful AJ

Colorful AJ

One last story off the top of my head at this time, and I’m not happy at all with how this happened. In early March 2019, Arin was at a birthday party held at a hotel for her friend Taylor. Arin was picked up and thrown (grrrr) into the pool. Kassidy, who she landed on, hurt not only her head, but bit down and injured her tongue; and Arin ended up breaking two ribs.

Image result for xray ribs cartoonHowever, Arin didn’t find out her ribs were broken until almost a week later when she was in much pain and having problems at work. On a Sunday she had to be taken to the ER which included x-rays and a pain prescription.  Again, this involved a long rehabilitation / healing period.

Okay, enough writing for now. Like mother, like daughter!  Yep, considering I was able to live through hitting a train headfirst!  I believe this “toughness” is heredity, and comes from my mom.

Last year (2019), my mom was experiencing an acute medical condition while visiting us from her home in Florida. As we were waiting at the airport for her and her new husband’s flight home departure, she took a dive (right in front of the drinking fountains by the rest rooms on the main level) on to her face, breaking her glasses. She ended up in the ER for numerous stitches rather than on the flight home. Mom didn’t cry or wince, or even complain a bit.

The bottom line of this post is to let you, my Attorney Reader, know that I am a strong “tough-minded” resilient person who has the capacity to face difficult facts and long odds with resolute optimism.

I define a tough-mind as having the resources, mental skills, and physical capabilities to confront difficulties of all kinds. And then afterwards, the resiliency to slow down and relax.

I know if I succeed, I caused it and if I failed, yep, I caused that too. (Don’t worry, I won’t say yep during testimony.) I will be tough for you and I will be tough for your client.

I won’t be so tough you may choke, but I will be tough enough with your case where it counts: in my reports and in the courtroom and in my resolve to never give up. I got this strong “tough minded” trait from my mom and have passed it on to my daughter and I am proud of it!

Thank you for reading my post. Let me know about a case I can help you with that involves disability and rehabilitation. I believe rehabilitation is the care that can help an individual get back, keep, or improve abilities needed for daily life. I’m a rehabilitation counselor who cares.

Contact me, Amy Botkin at 515-778-0634 or amyebotkin@lcpresourcesplus.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.

Hello My Attorney Reader! Want to Buy Some TIME From Me…a Consultant and an Educator?

Reading Time: 3 minutes

You’re a good attorney, and you care about the people you represent. You’re busy working on cases and spend a lot of time on time. In fact, you even buy TIME! I’m writing to help you make a more comfortable TIME purchase from me, a consultant who is also an educator!

MoneyTime

I fully realize attorneys buy TIME

Time – Because you bill by the hour (and so do I), I promise to help you be more productive and, thus, more successful by providing value laden services.

Pinky SwearI promise to always respect your time.

 

Information – Because I totally understand why you HATE looking stupid (and so do I), I will provide accurate information that you want or need.

Pinky SwearI promise to always ensure you have a good reason for working with me.

 

Money – Because saving money and making money are the goals for almost every law firm (and for every consulting firm too), I will effectively use all the resources available to help with your case.

Pinky SwearI promise to be accurate and fair with my billing.

 

Education – Because lawyers always need continuing education (and so do I) to maintain your license, I am available to present to any group that would benefit from learning about my work and rehabilitation consulting. In addition, as I’m a well-trained educator and counselor, I can help you and your client in many ways throughout the case and onto trial, where my educational background is useful in front of a jury.

Pinky SwearI promise to bring new light to your litigation strategies.

 

Time on HandsHow much TIME would you like to have on your hands, especially when working on a complex case that has to do with work and disability? So there it is!  But wait, there’s more:

I, Amy, promise to Always Be True at My Core, Apple Butterflybecause that’s all I have ever had and have ever needed and I’m willing to share what I know is true.

Enjoy a piece of quality fruit (I love organic apples) and then contact me, Amy E. Botkin, to discuss your case. I’m here to help you help your client!

Call me at 515-778-0634 or email me at amyebotkin@lcpresourcesplus.com to connect so we can discuss your case and how I might help! 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.

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.Ms Pac-Man

I’m  pretty good at Ms. Pac-Man! Wanna play?

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 at 515-778-0634 or amyebotkin@lcpresourcesplus.com

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 consulting.

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 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 ~ 515-778-0634 or amyebotkin@lcpresourcesplus.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.

45 Awesome winnie the pooh bees clipart Winnie The Pooh Pictures, Cute Winnie The Pooh, Winnie The Pooh Birthday, Whinnie The Pooh Drawings, Bee Clipart, Friends Wallpaper, Cute Disney Wallpaper, Cute Animal Drawings, Pooh BearRabbit 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!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! 

Related imageHoney! Yummy! Yummy!

I hope you appreciate this Pooh story.  I do. When called, I too, will use my expertise to help you and your team out in complex cases. I’ll answer just like Gopher but am not an expert in dynamite, I am in forensic rehabilitation consulting

Several years ago, I made an executive decision to study forensic rehabilitation counseling at George Washington University.  I started the post-graduate level educational on-line program on April 15, 2013 and graduated on August 15, 2014.

The coursework taught me more about courtroom testimony and how to function more effectively, efficiently and confidently within the legal system. I gained valuable insight into personal injury, medical malpractice, marital dissolution, product liability, and catastrophic injury cases.

A good expert has more than expertise that you can appreciate! 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! 

I strive to educate others in a clear manner and explain a complex subject to a lay audience in simple terms.

And you know what else, a good expert like me cares. I love my career, and deeply care for my work.

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.

When labeled “a firecracker” by a classmate during our 15th year high school 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. 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. I’m ready, willing and able to offer my voice to help you help your client.  

Give me, Amy Botkin, a call at 515-778-0634 or email me at amyebotkin@lcpresourcesplus.com to start a discussion about your case. 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.

 

Need A Good Report? Rebut No Matter What!

Reading Time: 5 minutes

I was taught that 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 love to communicate through the written word and have written many, many, reports! Blog posts too!

So this blog is to be sure you, my Attorney Reader, know I’m here to help critique and/or rebut a report that may cross your desk.  Image result for report

How many people do you know who really love to write reports? I do! It’s not that the report writing process is easy, it’s a challenge!!

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? Do you 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? Need a critique or a rebuttal? I’m here to help!

Rebut No Matter What! 

Bull

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

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.

Here’s a sentence commonly found in reports from the same vocational person that I’ve been asked to rebut. [Keep in mind this long line comes after results of testing are provided within the report, but they 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 vocational 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? The vocational person who wrote the report does not come close to answering these questions. 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?  Heck, 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! If you understand the persons skills and match them with jobs in the local labor market, there’s a match!

Yes, of course 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 is a very specialized skill; and I continuously study, practice and improve upon my own writing 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? 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 (especially if it doesn’t make a lot of sense to you!).

Contact me at 515-778-0634 to discuss your case and how I can help!

 ___________________

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!

Reading Time: 4 minutes

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”.  To me, this phrase 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 your case with your client’s story and use all my instincts and brain power…kinda like a cat!

Black Cat on FenceCats’ 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 qualitative 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 earning potential and perform a beneficial vocational assessment and evaluation that provides data, and offers qualitative detail such as, for example ~

  • results of a labor market survey providing local job availability along with wages and benefits associated with those jobs
  • qualifications for a variety of  jobs in a person’s labor market
  • vocational training options following the discrimination or termination

Image result for meow

I can also help uncover whether or not a good cause for termination of employment existed. That’s why documenting real time employer and/or employee comments proves 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 or would not warrant discharge. I can help determine the ramifications of ~

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

*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 qualifications, physical demands and work-related attributes; and identify reasonable accommodation(s). Keep in mind, I believe that for every disability there is some form of assistive technology to allow continued employment. Most times there is more than one way to do a job!

If necessary, I can provide expert testimony to help prove the loss of job was or was not accountable, understandable, or reasonable. Do you have a case where I might help? Give me a call and let’s talk! I hope you’ll find our conversation interesting (I can give you a couple recent case examples). And if you like cats, let me know why, really! And if you don’t like ‘em, I 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, 18 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) over the years.  Keep me, Amy Botkin (and Felix with his secret bag of tricks) in mind to help in dubious or even in basic situations involving employment discrimination. I definitely can help your case through a litigation fix! 

Thank you for reading my blog post!

Vocational Resources Plus, LLC * 515-778-0634  * amyebotkin@lcpresourcesplus.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.

Thanks for Thinking of Me! Why Wait to Place Me Into Action? Need A Vocational Expert on Your Case?

Reading Time: 3 minutes

I enjoy consulting with attorneys. It involves learning about your questions; then using my expertise to provide an answer or two!  The fact is consulting work involves extraordinary amounts of mental processing.  Let me tell you, my brain gets a lot of action and yes, I work out physically, too! 

I don’t know about your specific style of learning or pattern of thinking is (give me time!), but for me, when I accept a case assignment, I don’t want to feel rushed about researching and finding solid answers to good questions.  No, I meant to write great questions, those formed to help you with answering your client’s difficult problems, surrounding certain situations, while considering all necessary detail.

In my eyes, “problems” are opportunities in disguise. Something “thinks” it needs  a solution. The thinking could be well thought through or it could be downright faulty, and that’s why education becomes a consulting strategy.  A good way to look at a problem is to compare it against an opposing problem and ask, which “opportunity” presents first? Will there be an order that makes sense? Is it really a problem or just defined as one?

For every problem under the sun, there is a solution or there is none. If there be one, think til you find it. If there be none, then never mind it!” ~ LeGrand Richards

My problem solving approach develops as the research is gathered relevant to the situation. How a situation is defined is just as important in the problem equation, considering virtually every situation can be defined in more than one way. Because of this fact, tremendous opportunity to educate becomes available, and negatives turn into positives resulting in the implication of how one feels and acts toward the situation!

I find that pulling too quickly for an answer or a fact won’t turn up the best results.  Pulling carefully yet relentlessly on the stem/root system will produce reliable, intact, organic results to share with others.  Through testimony, I can educate others on how to understand the specific facts I gathered and why they are important to this case, facilitating the information and helping them to “figure out” their own solution.

Thanks  for thinking of me (as Eeoyre says)!  Please contact me to get me involved early in the proceedings. Do so before you plant any seed, and I’ll help with preparing and weeding the ground, the hard part of the action! Even if you only need a file review, I can offer recommendations. And, we’d be better off to a good start!

I believe it’s always healthy to think of the humor in most situations. Truly, our emotions will benefit. Contact me at 515-778-0634 to discuss your case needs, and learn about my consulting style and policies. Again, thanks for thinking of me and for reading! I look forward to helping you help your client!

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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.

Need an Expert Witness on Your Litigated Case? Choose Me!

Reading Time: 4 minutes

Happy Turkey-less Day to those who won’t be gobbling a gobbler this Thanksgiving!  I personally won’t because I continue as a pescatarian! My two younger adult children Jacob and ArinJune continue their vegetarian lifestyle. Not my oldest son Nick, for he’s an incredible meat eater! Although the no meat eating rubbed off on me many moons ago, I still enjoy eating fish (tuna mostly).

Thank you Jake and AJ for showing me a lifestyle I probably wouldn’t have gone for had it not been for you two. But then again, I may have become really fantastic at grilling steaks (no, that’s Randy’s area.) 

Image result for turkey cartoon

I love the taste of turkey and found a delicious vegetarian roast that to me tastes just the same! My opinion counts!

For this post, I want to write about a way to chose your own path. I’ll start with a link to a post when my daughter Arin started a new job at Walgreen’s.

Over the two years she worked at Walgreen’s (she resigned earlier in 2014 to move on in different ways with her lifestyle), Arin had many customer experiences (including her days working as a host at Okoboji Grill as her first job, she knows a thing or two about customers) and I value her opinion

She’s shared many interesting retail shopper stories from her Walgreen’s days.  The worst was one day, she turned around while at the cash register to get perfume out of the locked glass cabinets for a customer, when she turned back, “the customer” was racing out the store with Chanel No 5 in her hands, along with other stolen items, and right out the front door.

Some shoppers are kind with good intentions…get in the store, find what you need, pay and get out of the store…all while being grateful and appreciative you found what you were looking for!  Then there are other shoppers who seem to float around in a bubble without realizing their bubble is more of a brick! Some shoppers are demanding, have no regard for other shoppers or the retail clerk, and are even down right rude. Yuck!!We all are continuously affected by the energy of other people in both positive and negative ways. My daughter quickly learned that the less you respond to rude, critical, argumentative people, the more peaceful your life will become and the more productive you’ll be on the job!

AJ’s goal at work: Help customers find, buy, and get out of the store with minimal distraction…along with an idea or two of how to get the customer to spend more money (especially products with incentives found within her own department, which gave Arin more in her paycheck!) This knowledge, my dear daughter, takes a certain level of emotional intelligence. Good for you!

Emotional intelligence is a huge factor in my work as an expert witness.

A very helpful and proactive way to limit how much we are affected in many settings and situations by where others are is a simple technique called being in your bubble.  Using your bubble when you need to, or realizing others are using their own bubble, takes a level of emotional intelligence, kindness and grace.

My sister Janice has told me to get out of her bubble more than once!Bubble

Bubble Me Up

I can’t find the source for what follows, but I’m sure whoever it is would be happy to share! Being in your bubble goes as follows:

1.) Spend a few moments with your eyes closed, quieting your thoughts.

2.)  In your imagination create a big clear soap bubble all around you that is about a foot out from your body.

3.)  Notice yourself within this bubble, and acknowledge that any type of energy you don’t want to experience in your own body will be unable to get through the bubble, and will just bounce off.

4.)  Walk through your day within your bubble. Take a look at the bubble periodically just to affirm that it is there, and recreate it whenever you want to.            Bubble

 Bubble Me Down 

There’s great reasons to use this tool to manage the energy that bounces around us all of the time. It frees you up to create the experience(s) the way you choose, while leaving others free to their own expression. You won’t need to get into the struggle and discomfort of resisting what others are doing or thinking, because it happens outside of your bubble and doesn’t need to affect you.

I hope your work week is productive, and you enjoy experiencing the energy that surrounds your work and home environments.

And if you need an expert for your litigated case, I’m here to help you help your client. In fact, I value the opportunity to help.  The choice is yours! 

Vocational Resources Plus, LLC            lcpresourcesplus.com          515-778-0634 

amyebotkin@lcpresourcesplus.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!

Reading Time: 3 minutes

Are you working on a litigated case involving work and disability? If so, I believe a job analysis can help you and your client, and in many ways!  A job analysis involves the process of gathering and recording objective data about a specific job.  

Image result for data

Capturing what the job is all about helps to evaluate 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.

And, as an analyzing kinda person, I’ll find direct connections to ways of the trade, and possibly record direct comments from incumbents or a worker who knows what’s going on!

JA

A Job Analysis is helpful in many ways. Plus they’re fun to perform!

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. (And that’s a story in itself!) It sure can be an interesting tour and communication experience! 

For me to find out what actually takes place on a pertinent day to day basis (without being there obviously because I have my own job to do), consulting with management and incumbents of the job along with digital video recording (right!), if helpful, allows for a critical analysis of the parameters of performance at a work place, including common physical demands of duties of a job. And trust me, a video can produce some humor too when’s it’s needed  at work! 

Image result for humor job

Once the job analysis describing the critical duties of the job, an evaluation of the work environment is completed, and a report written is prepared and presented, there, hopefully will be a greater understanding of the essential functions of the job. And to each person the job can be functionally different. Right yes, so it just depends on how one goes about doing it!

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! I am not one sided

Contact me, Amy E. Botkin, to discuss your client’s claim.

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-778-0634  * amyebotkin@lcpresourcesplus.com

___________________

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