Need to Retain a Vocational Expert? I’m Here to Help! Forensic Services

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As a forensic rehabilitation consultant, I could be available as your next retained expert!  rp_Professional-Expert-Witness1.jpg

My unique consulting services help identify insights into your litigated case while first-hand testimony helps others to understand it.  In fact, listing me as an expert may spark movement in the litigation process.

I’m Here to Help You Help Your Client! And, the sooner I can help you, the better! 

When you involve an expert like me on certain cases early in the process, you’ll be in a good position knowing you have a professional on hand for the duration of your case.

My companies Vocational Resources Plus LLC and Life Care Planning Resources Plus LLC lovingly co-exist. I’ll celebrate the beginning of 20 years in private practice on September 15, 2019 (and they say it’s my birthday too, yeah, I’m going to have a good time)! Although I’ve been in the field of vocational rehabilitation from the start….that’d be 1999, forensic rehabilitation and life care planning are both new specialties within my career!

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In celebratory style, I’m reaching out to attorneys who are passionate about helping clients.

Here on this website you’ll find various links to my writings about serving in various capacities within my field, such as my focus on life care planning (with a vocational rehabilitation component), vocational consulting, placement, and serving as an expert witness.  I like to blog about why my work is important and to help people identify how to use my services. Further, it’s fun to write and I like to showcase my credibility, methodology and expertise. (Read my disclaimer!)

LightbulbWant to help your clients even more? Consider tapping into my creative resources!

My analysis and opinion of how I can help your case will be straightforward, honest and grounded in rehabilitation. As such, this may or may not support your case. I can usually determine whether or not I can help your case within the first few hours of research, and will limit such fees based on our agreement.

Please keep in mind that permission to use my name, or in any way indicate that I am an expert witness or consultant for your side of a case, either informally or formally with other parties, is not granted until a retainer is secured. Contact me for information on retaining me!

FootballIf I have to pass on a case, I’ll do what I can to offer recommendations.

So, give me a call at at 515-778-0634 or email me at amyebotkin@lcpresourcesplus.com   and let’s start a conversation. I promise to value your time!

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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.

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

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

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

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

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

A Life Care Plan outlines an individualized holistic program that documents your client’s specific healthcare needs and a projection of what it costs for that care over their lifetime. An economist reviews the plan to determine the present value of the costs.

Even more, a Life Care Plan  helps prevent medical complications, enhances community and society participation, considers quality of life issues, and assists in maintaining emotional and psychological health. 

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

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

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

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

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

Image result for quality of life

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

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

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

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

Contact me ~ Amy Botkin, MS, CRC, CLCP ~ today at amyebotkin@lcpresourcesplus.com  so we can start discussing your case.

I’m here to help 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.

The Proof is in the Pudding ~ Try Avocado Chocolate & a Life Care Plan for Your Client!

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Consider how a Life Care Plan can help your litigated case, especially when the proof is in the pudding.  The ‘proof’ here is a verb meaning ‘test’ and a noun meaning ‘the evidence that demonstrates a truth’ as in a mathematical or legal proof.  To know if a plan has succeeded, consider the true value or quality of it, as seen when it is experienced, tried, or put to use.

PuddingInterested in a life care plan for your client?

One recent case where I prepared a life care plan helped attain a $3.43 million settlement and judgment in a catastrophic personal injury case. Another plan I wrote helped to reach a $1.5 million award in a medical malpractice lawsuit.

I repeat, interested in a life care plan for your client?

Pudding

As a certified life care planner I will prepare a reasonable plan and I will expend whatever time needed to do a fully competent job. As an added benefit, how about including vocational rehabilitation consulting in a plan? That’s where my forte’ lies!

A plan can take upwards of six months to prepare, depending on the case. By taking the story directly from the patient with input from the family, my subsequent reports and expert testimony become viewed as genuine in front of a judge or a jury. The goal is to zero in on the specific needs and costs of the individual’s current healthcare needs and consider those into the future.

With your input or agreement with my report to be sure we understand everything, I’ll help you be well equipped to persuade others about the bottom line of your case, which can be significant! When preparing a plan, I carefully consider the client’s life and how it has been impacted, while remaining cognizant of safety and rehabilitation.

Third time here, interested in a life care plan for your client?   Pudding

I can help you to help your client!  The proof of the pudding for a business is also what customers say about it. To find out what customers say about my work in the areas of life care planning, as well as my professional work in other areas, including my writing capabilities, I’d be happy to provide references.  Pudding

The proof of the pudding for a plan is also what transpires when it is followed by the individual for whom it was written. You’ll find I truly care about what I do and can provide references who will attest to my ethics, research capabilities and the value that I can bring to a case involving work and disability.Money Centerpiece

A Life Care Plan can truly become the centerpiece of your client’s claim!

Because each case is unique, to help identify the level of service for your case, a 15 minute complementary consultation can be arranged. Subsequently, a preliminary assessment of the time-frame a plan could take to prepare can then be offered that helps outline the projected costs which can be anywhere from ~40 – 80+ hours, not including expert testimony preparation and witness time.

Keep in mind the necessity to schedule an in person meeting and follow-up visits with the individual and his/her family. Contacts involving his/her treating physician and other members of the healthcare team are made as well over the course of preparing a plan. You can find a simple sample plan on my website under documents for download.

Pudding

Now, “the proof of the pudding is in the eating” means that you don’t really know your dessert has come out right until you taste it. Seriously, try this pudding! It’s yummy and healthy! Easy to make too! Avocado

Avocado Chocolate Pudding

Prep Time: 2 minutes Total Time: 5 minutes Yield 2-3 services Serving Size ½ cup

  • 2 ripe medium avocados, peeled and chopped
  • 1/3 cup cocoa powder
  • ¼ cup honey
  • ½ cup milk (regular or almond milk, coconut, etc.)
  • 1 ½ teaspoons vanilla extract

Blend all ingredients until smooth in a blender, food processor or using a hand held beater or mixer. Serve immediately or chill first. Eat with a lovely spoon!

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Contact me, Amy E. Botkin at 515-282-7753 for a life care plan because I have studied it, experienced it and continue on my journey growing as an expert in my field. An expert is someone who has enough knowledge to help others confidently! And, darn it all, I like it and I’m good at it (with a humble Arr Arr)!  If you’d like more information, let me know!

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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.

Vocational Resources Plus LLC Disclaimer, My Very Own Personalized Version!

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My Very Own Disclaimer!

The website I own and maintain www.lcpresourcesplus.com is a personal blog with stories and views all written and edited by me; and it is always in transition! Just like me, too! Note: the URL address stands for l~life c~care p~planning resources plus. I should someday obtain a domain that is easier on the thinker! Reflected in those 3 letters, LCP, is my love to prepare life care plans for people. 

SunflowersMy blog is a medium for me to connect with my readers and build relationships. I enjoy creative writing and sharing my talents!

The information I publish, mostly on work and life, while offering ways to help attorneys help their clients, does not reflect the views of anyone else but me unless I’ve won you over! (And I will!) All opinions are my own! I treat my site like gold and do whatever I can to protect it and sincerely don’t want any content to be nothing other than a masterpiece. Because sources, information and links change over time, I’ll do what I can to track the natural evolution of content on my site.

Sunflowers

I’m a rehabber and it’s in my nature to improve things…everyday!

If a post or something on my blog just doesn’t make sense to you or you see a typo or a problem referenced within my writing, please let me know. Provide me the information and I’ll see what change needs to happen. I do accept responsibility for the personal views and information I have control over, but as you and I both know, what really is under our control?

And of course, I like to add and display media ~ pictures, images, downloads, etc. Although some of these creative beings are mine, many are not, and those that are not, I do not own although I’d like to feel as though I do as they help me feature my blog. I certainly don’t make any money off this blog…because there is nothing for sale!

Sunflowers

My intention is to of course do no harm, and again it’s my opinion and advice, not counsel.

Although I am a counselor, my blog is not used to convey a fact nor absolute nor shape a counseling relationship with my readers. (Sorry, that doesn’t sound too nice, but this is a disclaimer!) Whatever advice, tips, techniques, and recommendations I make are meant solely to help others. I am not responsible nor will I be held liable for any unapproved or inappropriate comments. Further, I am also not responsible for mistranslation or interpretation of my site’s content.

And once again, the content on this blog is the opinion of the blogger, who is me, Amy! and it is not intended to “malign any religion, ethnic group, club, organization, company, or individual,” or anyone or thing, especially those with the ability and desire to fight back! If there is concern or any copyright issue, again, let me know and I’ll make amends.

Sunflowers

Whew, and I thought a couple of sentences would do it!

I’ll continually edit this disclaimer and repost as time progresses and I learn more about myself and my work, as well as the world of small business blogging and website maintenance. Thank you for reading! ~ Yours truly, Amy E. Botkin

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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.

 

 

 

Intimidators: Tailgaters, Drunken Jerks or Glaring Attorneys? Need an Expert? I’m Here to Help!

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Remember the last time someone tried to intimidate you? How about when a person (for example, that careless tailgater or the drunk in the same beer line as you) may think they can make another person do something or react in some way? Exceed the posted speed limit ~ NOPE! Pay attention to public intoxication ~ NOT INTERESTED! or say something to the drunken jerk ~ NO WAY!uckr cup

Go ahead be one, I don’t care! 

During cross examination in the past, I’ve received a pretty mean looking facial expression/glaring eyes/stare down/stern voice/condescending attitude and a critical tone to the long litany of questions arising from the mouth of an attorney on a workers’ compensation court case. I knew this attorney was trying hard to intimidate me. Go ahead, try!

But, I answered all questions calmly. P.S. ~ I love it when the attorney can’t even remember what was asked and has to refer to the court reporter! I stuck to my guns (aka: my knowledge base) during my testimony, and talked about what I knew about.  I knew what I knew.

mmI know, bring it on!

I’ve never been intimidated much by people (places, things or even animals either for that matter). Okay, okay, I am intimidated by Mother Nature, a force to be feared, and treated with utmost respect e specially when she zoome a mesocyclone or other tornado-like activity my way.  I’ll never forget the evergreen tree in my front yard crash down on the car in my neighbor’s driveway during a mesocyclone many summers ago. The storm was in full fury just as I was peeling away in our minivan to get my two youngest children who were about 1/2 mile away at a park for a daycamp.

Image result for cyclone cartoonI have always been able to speak my mind (ask anyone who knows me) and yes it’s gotten me in a pickle or two from time to time (just like my dad!). I try to express what’s on my mind being mindful of who I’m communicating with, the content of my speech/body language, and the context of how/when my message is delivered.  In other words, I’m not the type of person who “blows up” or “blabs” and I definitely don’t overshare!  

I do tend to speed up my talking and need to watch that so I don’t sound nervous, however that is a natural consequence of my hard wired fight and flight response! I read the “butterflies in your stomach” occur as blood from digestive system is redirected. (So I try to eat healthy before a court date!) 

PeacockThere is truly a difference between a cocky person and a confident person!

When on the witness stand, my role is to explain what I did on a case so the judge understands; and ultimately educate the jury on why what I did was important to the case.  I accept confidence with the work I do. My role  allows me to serve as an expert witness & educator all while consulting within the scope of my practice. I keep a placement, rehabilitation, and quality of life orientation at the forefront of any topic. 

Every day, I learn more about how to help others.  My Attorney Reader, please know I am here to help you help your client.  Give me a call and brief me on your case involving work and disability (or just work, or just disability), whatever it may be I’m interested to hear about it! 

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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.

Blending Art and Science…to Help Litigated Cases!

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I’m intrigued about the “difference” between art and science. It’s easy to say art is subjective while science is objective. Fundamentally art expresses knowledge, while science is the system of acquiring knowledge. Yet in many ways art and science are actually connected and related to each other.

Amy & Randy July 17, 2011

Kinda like a couple with waaay cheap sunglasses! 

Randy and I have more differences than similarities. Or do we? Let’s look at a few basic facts:

We often prod each other of our differences. I prefer pepper, while he does salt. Me ketchup, he mustard. He likes corn, me peas. I love apples, he prefers oranges. He likes vanilla ice cream, me chocolate. Hot peppers *me! versus no way to hot peppers *he! I really could go on and on about our taste differences! By the way, I’m a vegetarian! Not Randy!

KetchupMustard

But what about our important similarities (that have nothing to do with food)!

Our similarities matter the most. Like how we: Approach life. Share our faith. Explore our world together. Use our resources. Create options. Solve problems. Work hard. Lovingly care for our 3 young adult children. Spoil the pets.  There we meet; well we try hard to meet! 

Keep in mind Randy is much more serious than I. The better descriptor is probably straight-laced (kinda), not one to bend (that many) rules, and he likes to go by the book (mostly).  He prefers to follow instructions, a map, or a detailed plan (he designs power points before we go on a road trip)! And me, well I make my mind up where to go when the time is right for me! But I don’t get lost!

Randy is a teacher with a bachelor degree in Art ~ a BA and he has a ME  ~ Master in Education. I am a counselor with a bachelor degree in Science ~ BS, and my MS is again in Science. But wait!! When it comes to teaching or counseling what really is the difference between art and science when expressing knowledge in real life?

I would say the main difference between art and science is that art is more focused on the perception of the world through the eyes of a particular individual. Art involves an emotional response, and can be based on personal experience, opinions, preferences, and individual perceptions. Look at a painting and we all see something different!

Art elicits an emotional response while science doesn’t (at least for most people I know)!

Image result for painting

Science, on the other hand, is regimented and systemic with rules, procedures, and policies to follow. When people perform scientific investigations, the purpose or goal is to find an answer to something in a very planned out and specific way using the scientific method. Easier said than done, and requires planning with purpose and planning with options.

Image result for beauty in the eye“Beauty is in the Eye of the Beholder”

Look at a cell under a microscope and you are supposed to see the exact same thing (assuming you know what you’re looking at) as the next microscope user. BTW, I never could really “see” what my microbiology partner at ISU saw, but I did get excited (an emotion!!) when he said I was close!

I found other ways to look at the topic of blending art and science:

Image result for curveballBaseball pitchers use the science of physics when throwing a curve ball, but actually throwing a good curve is an art form.

Or perhaps medicine is an easier example.  Image result for medicineMedical practice is both an art and a science.  The two can not be separated without destabilizing the system. Do you want physical treatment without discussing what your psychological needs are?

A couple lives on the art of marriage AND the science of marriage. And a rehabber relies on the art and science of rehabilitation! There is a balance, although it certainly can tip often.

The balance is found in creating the work of art marriage / or the work of art rehabilitation is supposed to be, digging your heels in and applying the science of either of these (marriage/rehabilitation) when times get rough. I’m not a marriage counselor, I’m a rehabilitation counselor

So applying a sense of balance to my own work activities using art and science  to help you help your case sure makes sense to me!  My reports will not parse other’s reports, use wild statistics, or make blanket statements based on literature with no direct relationship to the individual’s  health condition and/or future work.

In my reports, I will make sense of what I believe to be the best options for your case and focus on connecting the results of my research to support my helpful recommendations and conclusion. This is blending art and science in a meaningful way. This is helping you help your client. This is why I do my work.

I appreciate the sound of blending art and science!  

I can help you with your case involving work and disability, the employment aspects of a divorcing couple, or a case involving the need for life care planning

Additionally, let me know how I could help you with a case with conflicting opinions! There’s always a way to blend the best and come to the truth.

Give me a call at 515-282-7753 for a free initial consultation. 

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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.

I’m A Lot Like A Mole…Fortunately to Help on a Legal Case, Using Forensic Rehabilitation!

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Okay, so I do something I’m not so sure many other people chose to do and it’s clearly an inherited trait.  Dad did it too. Okay, it’s…it’s…I’ll just come out and tell you. I use bar soap and I use the soap until it is totally gone. And I mean totally!  I don’t waste soap.

Like dad, I also save and reuse paper napkins if possible (but prefer cloth!) and keep paper towels (ditto) the same way he did, until they’ve been totally used up! He’d toss, recycle or burn what he had to.

Waste Not, Want Not (Learned the saying from dad) and ya, it’s a proverb: if you use a commodity or resource carefully and without extravagance, you will never be in need, or, if one is not wasteful then one will not be needy. You get the point, and so did I back then and still do today.

Dad would also say things like “It’s your nickel” back when the home phone rang in the 70’s with the cost increase to “It’s your dime” in the early 80’s! Which really both made no sense at the time. But the point is: my dad was cost conscious (boy oh boy am I too)! Dad was not wasteful and I greatly appreciate inheriting certain traits from him. I miss you so much dad! I know you are a part of me that I will have forever. 

Here’s a picture recently uncovered…my dad Dick and his baby Amy…no idea where we are and why I’m wearing silly glasses! Pretty cute though, huh! My dad, always a good looking man!

I am also quite cognizant of what I throw away. I don’t want to be wasteful and I don’t want to worsen any landfill with un-recyclable garbage (read: plastic packaging). I know plastic has many very practical and very useful purposes. But when it is used once and thrown away…that bothers me. Especially when I’m at a conference in a “green/sustainable building” and they serve all food items on single use disposal yet non-compostable products.

I recycle everything possible (and feasible considering time and other factors) and started composting (thank you to my sister Julie who gave me her used Earth Machine)! To me, the smell of good natural composition of kitchen and yard waste is incredible and to think of how it was made by helpful microbes, worms and other organisms!

When mixed with your soil, compost will revitalize it, make it healthier and more productive, and increase moisture retention! Can’t go wrong there, huh!? So, I use compost and spread it out in my yard and garden. I don’t use chemicals and pick weeds by hand!,  plus I’m into the No Mow method of lawn maintenance (although Randy isn’t!).

Viola! Beautiful lawn and it smells so fresh! However, and much to my chagrin……we got moles. They must really like their meals found in our front and back yard. So the good can seem not so good when now my lawn is disfigured with raised soft ridges and scattered holes. So, this is all natural and meant to be, right??!A mole is really interesting looking, lives underground and is nearly blind. There’s been a couple deaths ~ a baby and an adult mole ~ with corpses delivered by most likely my cat Alaska in the driveway and later buried by my animal loving  husband Randy….yes I make him dig a hole and bury. 

I read that although a mole can detect light it does not hunt using its eyes. Instead, it relies on smell (hence the interesting snout!) and on touching wriggling prey (hence those crazy nails) using sensory hairs on its face. So a mole is good for underground life.  Based on my research : )  A mole is also territorial, strong, a hard working solitude industrious digger, and a natural engineer (just like my brother Michael).

So to safely say, I’m a lot like a mole. Yes I need to get new prescription glasses, there’s nothing wrong with my sense of smell, my nails are natural, and I have a somewhat fuzzy face according to my husband. There may be other similarities, but I’ll let you make them on your own!

I’ve talked to people, including my sister Julie, who have attempted to wage all-out war on moles without success. What I’m realizing is that molehills are signs that the soil is in good shape. And I can celebrate that fact! But there is lingering doubt and some anguish over the mighty, mysterious and resilient mole. And I’ve concluded a mole deserves respect, and as often as I can offer it, tolerance.

The bottom line is that with me, I see value and purpose in everything that surrounds me. That’s because I’m a natural rehabber!

So, with this post, I ask you, My Attorney Reader, if you could use help in helping your client through the difficult maze of their claim, please let me help. I won’t come to court looking like a mole, but will show up like an industrious mole:  ready to dig in and get to the bottom of the deal.

Thanks for reading my post. Give me a call! 515-282-7753  vocresources@gmail.com to discuss your case. I love to help out using my forensic rehabilitation services!

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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.

 

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

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Today, May 28th, is my daughter’s 23rd birthday and I’m sure she’s pretty happy right now in Vegas with a good friend!  I’m proud that she’s a person who is physically and emotionally strong, independent and One Tough Cookie!  From the top of my little head as I write this post, here’s a few memories of my daughter and “her toughness” over the years. 

Before she was born, let alone named, my daughter’s birth cord was wrapped around her neck while she was being delivered in the hospital room. 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! 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! But, just doing her job!

In fact, Arin was a calm baby! I remember the first day of her life, she 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!) 

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 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!  It took a really long time for her new tooth to come in. BTW, earlier this month she got her wisdom teeth removed and was tough with that surgery and the healing time involved…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: As were in the process of remodeling our house (in 2009), Arin would’ve been age 13, she was cleaning our new windows (yes with water and an ecloth!) and the larger kitchen window  in our kitchen suddenly fell down (the type of windows that fold into your house), whacking her head.  Her head broke the glass, and as the window fell, it shattered on to the floor. Arin 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 grateful that we didn’t, gasp: sue! But no and her strong head was fine. 

Move on into her middle school years, from what I was told by said daughter, as a Christmas Story dare, Arin was outside snow shoeing at school on recess. And yep, she stuck her tongue on a metal pole and yep it got stuck and yep she had to pull her mouth away from the pole and yep, her tongue ripped and yep it hurt and bled!  OWW! 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 also actually 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 and eyebrow too. Don’t forget theee belly button (I actually did that once, but let it grow back in cuz it bothered me when I did yoga). And speaking of, both her ears have pretty good sized gauge holes! I’m not including the numerous tattoos Arin has received, which sounds a little too long and drawn out painful to me or anything else I can’t remember off the top of my head at this time.

Colorful AJ

One last story, 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 into the pool by another friend Jay (grrrr) and landed on another friend’s head who was in the pool. Kassidy, who she landed on, hurt not only her head, but bit down and injured her mouth 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 was having problems at work so on a Sunday 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. I guess considering I was able to live through hitting a train headfirst!  I believe this “toughness” also comes from Arin’s Grandma, my mom. Last year, my mom was experiencing an acute medical condition while visiting us. As we were waiting for her and her new husband’s flight departure, she took a dive at the airport (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 stitches rather than on the flight home. She didn’t cry or wince 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 strong mind as having the resources, mental skills, and physical capabilities to confront difficulties of all kinds. And then afterwards, a way to slow down and relax.

I know if I succeed, I caused it and if I failed, yep, I caused that too. 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 am proud of it!

Thank you for reading. 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 you get back, keep, or improve abilities that you need for daily life. I’m a rehabilitation counselor who cares.

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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.