EXPERT VOCATIONAL EVALUATION AND REHABILITATION COMPANY

Adding Civil Case Expertise to Case Management and Social Security Expert Practices

Presented to colleagues at the national conference of International Association of Rehabilitation Professionals (IARP)
Charlotte, North Carolina. October 27, 2018.

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Adding Civil Case Expertise to Case Management
and Social Security Expert Practices

Brad Coffey, M.Ed., MBA
CVE, CRC, CDMS, FVE
Vocational Rehabilitation Counselor and Consultant

Outline — Introduction and Fundamentals

Two practice models to apply our skills and interests within
Compare and contrast features across all 3 lines of work
Civil case evaluation process
Four foundations

A – Mentorship
B – Training sources
C – Sustainability — evolution of expert from beginner to mid-career
D – Attorney interactions and pay philosophies

I. Two Practice Models to Apply Our Skills and Interests Within

Three Lines of Work as Simultaneous Services

Three Lines of Work as Stepping Stones to the Next Level

II. Compare and Contrast Aspects Across All Three Lines of Work

Skill Comparison Between Case Manager and Consultant

Counselor key skillset—Workfield 298
- Affecting the adjustment of people with financial, vocational, spiritual, educational and other problems according to established procedures.
Nurse key skillset—Workfield 294
- Heath caring – Treating people
Consultant key skillset—Workfield 251, 271
- Inquiring into fundamental knowledge areas … for the purpose of discovering facts and making interpretations …
- Obtaining and evaluating data about persons, places … for the purpose of solving cases, settling claims …

*RHAJ

Our Interests in Counseling vs Consulting

Common Aspects in All 3 Lines of Work

Record trail
Rehabilitation hierarchy
Residual Functional Capacity — *RFC*
Transferability of skills (TSA)
Establish employability

Rehabilitation Hierarchy

US Dept of Labor work comp general approach to job placement:

Return to work with same employer/same job
Return to work with same employer/modified job
Return to work with same employer/different job — (TSA)
Return to work with new employer/similar job
Return to work with new employer/different job — (TSA)
Formal training or education (followed by return to work with same or new employer)

*US DOL DFEC

Residual Functional Capacities Form (Physical)

The Concept of Skills and Transferability (in TSA)

The principle of "continuous use" is established on the basis of similarity between jobs …

Similarity is determined by comparing relevant occupational elements:

What a worker does … with data, people, things
What gets done in jobs
The materials, products, subject matter, services

Case Management vs SSVE vs Civil Cases
Dissimilarities

III. Civil Case Evaluation Process

Basic process in a civil case evaluation job

Background or orientation call with attorney
Record review—identify the *RFC*
Evaluation interview—history, care, ADLs, testing
Research—TSA, LMR, journal articles
Reporting—verbal and/or written
Prepare for testimony—deposition or trial (open book test)

Telephone Referral Form — Forensic

BAck to the RFC … "restrictions and Limitations"

Previous court case:
In Gearding v Bombardier, Inc (2003)

Reliability of vocational expert was questioned because "proper methodology requires" expert to contact plaintiff's treating doctor and "get limitations or restrictions" before forming opinion.

Answer:

Vocational expert had reviewed records, performed interview, ascertained that medical records supported self-reported limitations, and then spoke with the doctor who confirmed symptoms fit physical findings.
Judge upheld that vocational expert was sufficiently reliable.

About the RFC continued … from our literature:

Terms—Restriction is what a person should not do; limitation is what a person cannot do …

AMA Physician Guide to RTW—

Tasks are central to assessment of human capacities. After a task is reduced by impairment, what is left is a limitation: "lift up to 20 pounds occasionally."

From Forensic Case Book—

"A person with 20/40 vision is not restricted by an opthalmologist. However, by its very nature, the person is limited in use of their eyesight. This can apply to any physical, mental or cognitive function."