Earning Capacity Florida Imputed Income

Florida Family Laws that discuss imputed income for child support cases:

Section 61.30, Florida Statutes: This section states that the court may impute income to a parent if the parent is voluntarily unemployed or underemployed. The court will consider the parent’s education, training, skills, and work experience in making this determination.

You need a vocational expert to assess a parent to see if they are making a reasonable attempt to being employed. A Vocational Evaluation is used to determine and individuals earning capacity

Section 61.30(4)(b), Florida Statutes: This section states that the court may impute income to a parent based on the minimum wage if the parent is unable to provide evidence of their income.

Section 61.30(5), Florida Statutes: This section states that the court may impute income to a parent based on the income of a similar parent in the same community.

The court will consider all of the relevant factors in determining whether to impute income to a parent. These factors may include:

The parent’s education, training, skills, and work experience
The parent’s past earnings
The parent’s ability to find a job
The parent’s reasons for being unemployed or underemployed
The needs of the child

If the court imputes income to a parent, the parent will be ordered to pay child support based on the imputed income.

It is important to note that imputed income is a complex issue, and the laws in Florida may change. If you are involved in a child support case, it is important to speak to an attorney to get legal advice specific to your situation.

The Role of a Vocational Expert in a Disability VA – TDIU Claim

The Role of a Vocational Expert in a Disability VA – TDIU Claim

What are Vocational Assessments for a Veterans TDIU Claims?

Many people are unsure as to why they need a Vocational Evaluation/Assessment for their claim. A vocational assessment can provide valuable information for decision-makers regarding Total Disability Individual Unemployability cases, also known as TDIU/IU cases and help answer whether a veteran’s service-connected disabilities prevent him or her from securing substantially gainful employment (“SGE”).

Many people assume if they cannot do their Own Occupation that that means they are disabled but Any Occupation especially UnSkilled Sedentary Occupations have to be ruled out.

The Department of Veterans Affairs (“VA”) defines SGE as “employment that is ordinarily followed by the non-disabled to earn their livelihood with earnings common to the particular occupation in the community where the veteran resides.”

The Veterans Administration specifies that SGE cannot include sheltered or protected employment. Further, if a veteran’s annual wages are below the poverty level, this employment cannot be considered substantially gainful. If a veteran is unable to secure SGE as a result of a service-related disability, then he or she is entitled to receive 100% compensation for TDIU.

Why TDIU Vocational Evaluations are Essential?

Judges as well as other decision-makers in these types of cases often rely on the opinion of physicians and other medical providers to determine whether a veteran can still obtain SGE. However, these reports are done in medical terms and not vocational terms.

Therefore individuals, do not have specialized vocational experience or expertise and are not equipped to determine the feasibility of a veteran’s ability to work.

A vocational expert knows vocational terms, transferability of skills, and what the 72 factors of occupations that need to be looked at. A vocational evaluation can help bridge the gap between any documented medical and psychological limitations and residual functional limitations within the context of jobs in the present labor market.

A vocational evaluation is a multi-step process and is prepared by a vocational expert. The vocational rehabilitation assessment must have a methodology that fulfills the VA requirements to address the critical questions in a TDIU matter. These questions include:

Is the veteran disabled?
What is the estimated date of TDIU?
Was past work sheltered or protected employment?

The analysis also includes a vocational opinion based on both objective and subjective evidence regarding the estimated date the veteran was unable to work at SGE.

Vocational assessments are structured by topic, starting with the reason for the referral. All records to be considered in the matter are summarized in a report. This records summary is critical because it outlines the objective and subjective evidence in the case, including a review of the medical, psychological, and other records contained in the file. Additionally, a thorough interview is conducted with the veteran regarding symptomology, limitations, educational history, and work history.

Vocational Assessment

This information is synthesized, and the residual functional capacity (“RFC”) of the veteran is identified. RFC is the functional ability a person has after the effects of the disabling condition. RFC can relate to physical and/or mental abilities that result in restrictions on certain behaviors and/or exposure to specific environments. The RFC identified in the records are matched with the veteran’s past work as defined in the Dictionary of Occupational Titles and the functional demands of that job. If the functional limitations preclude past work, the VE will perform a transferable skills analysis. No more than the past fifteen years of work are analyzed as it is no longer realistic to expect skills to continue after fifteen years. For example, if a veteran had worked for the previous fifteen years in unskilled, but physically demanding jobs, no skills would transfer to other work. If the veteran has no past skilled work, or the RFC precludes skills from past work, the VE must consider other, unskilled jobs that both exist in the economy and that would fit within the RFC. In addition, the vocational expert will also provide an analysis regarding the labor market and the actual availability of jobs in the current economy. As part of the conclusion, specific records must be cited to support the RFC and the date the RFC was established. If the RFC precludes any unskilled work in the economy, the VE can conclude that the veteran could not work. This analysis also allows the VE to determine when the veteran became unable to work.

How TDIU Cases are Evaluated?

Decision-makers are often faced with challenges when evaluating TDIU case records without a vocational assessment. Information contained in a veteran’s records can be confusing and contradictory. Identifying the RFCs can be difficult if the records are unclear. The veteran may have unsuccessful work attempts or a history of accommodated work in the past. It is often difficult for TDIU decision-makers to thoroughly unpack and effectively analyze this information. Additionally, decision-makers may struggle to identify the date the veteran became unable to work. A VE has the skills to identify RFCs and past relevant work and to determine how the veteran’s service-connected disabilities may limit their ability to work and earn a substantially gainful income. If the veteran cannot earn a substantially gainful income as a result of his or her service-connected disabilities, the veteran may qualify for a 100% TDIU rating from the VA. Thus, a vocational evaluation from a vocational expert is a invaluable in supporting a veteran’s TDIU claim.

References

Determining Disability, Unemployability, and Marginal Employment. M21-1MR, Part V, Subpart ii, Chapter 1, Section B (2018).

Havraneck, J. (2007). Advanced issues in forensic rehabilitation (199). Athens, GA: Elliott & Fitzpatrick.

Total Disability Ratings for Compensation Based on Unemployability of the Individual. 38 CFR § 4.16(a) (2011).

Weed, R. O., & Field, T. F. (2001). Transferable skills analysis. Rehabilitation Consultants Handbook (pp. 101-103). Athens, GA: Elliott and Fitzpatrick, Inc.

We serve individuals nationwide, including clients near all VA regional offices and their areas of jurisdiction: places such as Montgomery, Alabama; Houston, Texas; Dallas, Texas; Anchorage, Alaska; Phoenix, Arizona; Little Rock, Arkansas; South Carolina; North Carolina; San diego, California; San Fransisco, California; Los Angeles, California; Oakland, California; San Diego, California; Denver, Colorado; Hartford, Connecticut; Wilmington, Delaware, Washington, D.C.; St. Petersburg, Florida; Atlanta, Georgia; Honolulu, Hawaii; Boise, Idaho; Chicago, Illinois; Indianapolis, Indiana; Des Moines, Iowa; Wichita, Kansas; Louisville, Kentucky; New Orleans, Louisiana; Togus, Maine; Boston, Massachusetts; Detroit, Michigan; St. Paul, Minnesota; Jackson, Mississippi; St. Louis, Missouri; Ft. Harrison, Montana; Lincoln, Nebraska; Reno, Nevada; Manchester, New Hampshire; Newark, New Jersey; Albuquerque, New Mexico; New York City; Winston-Salem, North Carolina; Fargo, North Dakota; Cleveland, Ohio; Muskogee, Oklahoma; Portland, Oregon; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Providence, Rhode Island; Columbia, South Carolina; Sioux Falls, South Dakota; Tampa, Florida; Nashville, Tennessee; Houston and Waco, Texas; Salt Lake City, Utah; White River Junction, Vermont; Roanoke, Virginia; Seattle, Washington; Huntington, West Virginia; Milwaukee, Wisconsin; Atlanta, Georgia; Columbus, Georgia; Savannah, Georgia; Jacksonville, Florida; Pensacola, Florida; Mobile, Alabama; and Cheyenne, Wyoming.

What are the Benefits of Adding A Vocational Expert Report in your TDIU claim for VA Disability

If you have dealt with applying for benefits with the VA long enough, it probably comes as no surprise to learn that the VA often disagrees about claims of total disability individual unemployability (TDIU).

Vocational expert evaluation and report can go a long way in proving that a veteran does in fact qualify for TDIU.

In claims without a vocational experts assessment/report, the VA relies on VA doctors to make the determination of unemployability; however, in most cases, only an experienced vocational expert has the knowledge to determine whether a veteran qualifies for TDIU. This is because the VA doctors think in medical terms and limitations and not vocational terms and work place issues, conflicts, and limitations. So the VA doctors arent able to fully delineate how one or more medical issues affects a persons ability to work nor their ability to obtain and maintain employment.

Talk to a Vocational Expert with experience handling TDIU claims for help today.

The Benefits of having a Vocational Experts assessment can make or break a VA disability claim

In a many TDIU claim, a veteran claims that they cannot return to their former employment, own occupation, because of a service-connected disability. The question then shifts to whether the veteran has the education, work experience, transferrable skill set, and adequate physical and mental capacity to secure and maintain another type of employment, any Occupation.

Many times you will hear that a claim was denied because the VA Judge reports the person can do UNskilled SEDENTARY WORK. The reality is, the only what to beat this if it occurs is to have a Vocational Expert assess your claim and limitations.

Vocational experts have the industrial knowledge and expertise to evaluate the opportunities in the current marketplace compared to the veteran’s current circumstances. A vocational expert often is the only person qualified to render an expert opinion on a veteran’s ability to obtain another position and can critically alter the final decision in a TDIU claim.

A vocational expert creates a vocational assessment report for the TDIU claim, which can overcome unqualified opinions rendered by VA doctors and C&P examiners who lack experience and expertise in the vocational field. This report will typically include a review of the veteran’s medical record, identification of the service-related conditions, a breakdown of the veteran’s prior work experience, an evaluation of transferable skills, and a vocational discussion about the potential for this veteran’s ability to return to work. This report helps to point out limitations connected to service-related disabilities and improve your chances of qualifying for a TDIU claim.

VA doctor evaluations typically only look at the individual disability and whether that disability prevents you from working. A vocational expert considers other aspects of how this disability might affect employment, such as the effects of pain and medication associated with disability and whether it affects the ability to concentrate, focus, complete instructions, and complete tasks in a timely manner. A vocational expert’s review also takes into consideration things like the veteran’s ability to communicate with managers and fellow employees, adaptability to stressful situations, and what accommodations would need to be necessary to employ this particular veteran. A VA doctor or C&P examiner takes none of this into consideration when making a determination about TDIU claims, which is why having a vocational expert report included in your application for benefits can be such a beneficial addition to your claims.

We at SouthEast Vocational Experts serve Veterans with disabilities & Veteran Advocates nationwide, including clients near all VA regional offices and their areas of jurisdiction: places such as Montgomery, Alabama; Houston, Texas; Dallas, Texas; Anchorage, Alaska; Phoenix, Arizona; Little Rock, Arkansas; South Carolina; North Carolina; San diego, California; San Fransisco, California; Los Angeles, California; Oakland, California; San Diego, California; Denver, Colorado; Hartford, Connecticut; Wilmington, Delaware, Washington, D.C.; St. Petersburg, Florida; Atlanta, Georgia; Honolulu, Hawaii; Boise, Idaho; Chicago, Illinois; Indianapolis, Indiana; Des Moines, Iowa; Wichita, Kansas; Louisville, Kentucky; New Orleans, Louisiana; Togus, Maine; Boston, Massachusetts; Detroit, Michigan; St. Paul, Minnesota; Jackson, Mississippi; St. Louis, Missouri; Ft. Harrison, Montana; Lincoln, Nebraska; Reno, Nevada; Manchester, New Hampshire; Newark, New Jersey; Albuquerque, New Mexico; New York City; Winston-Salem, North Carolina; Fargo, North Dakota; Cleveland, Ohio; Muskogee, Oklahoma; Portland, Oregon; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Providence, Rhode Island; Columbia, South Carolina; Sioux Falls, South Dakota; Tampa, Florida; Nashville, Tennessee; Houston and Waco, Texas; Salt Lake City, Utah; White River Junction, Vermont; Roanoke, Virginia; Seattle, Washington; Huntington, West Virginia; Milwaukee, Wisconsin; Atlanta, Georgia; Columbus, Georgia; Savannah, Georgia; Jacksonville, Florida; Pensacola, Florida; Mobile, Alabama; and Cheyenne, Wyoming.

The Importance of a SouthEast Vocational Experts: Vocational Expert for TDIU Cases

We help outline your issues in vocational terms and limitations that a VA Administrator or Judge can understand.

There are many aspects to a Total Disability Based on Individual Unemployability (TDIU) case, as well as aspects of it that can make the process difficult. According to a report by GAO (Bertoni, D. ,2015), the Veterans Administration (VA) can “better ensure unemployability decisions are well supported” for a variety of reasons.

VA reliability of Psychological C&P Exams

Additionally, Psychological C&P Exams have been found to be “unreliable and unfair” to veterans (Worthern, M.D., 2018). There have also been reports that there has been a need for expert opinions which were not necessarily offered in TDIU cases, such as with “combined-effects” (Ilacqua, M.J., 14). It is indicated in each of the articles that all of the above could potentially lead to incorrect decisions being made. The use of Vocational Expert (VE) may help to ensure the veteran’s service-connected conditions and the impact these conditions have on thier residual functional capacity are outlined.

Veteran/claimant cannot rely on C&P Exams in that they often only use medical terms and are not able to relay the information in how it affects and individuals employability in the workplace. Worthen, M.D. (2018), there are times when Psychological C&P exams have found to be unreliable and “unfair” in part due to veterans due to a high ratio of false positives and false negatives. A false positive would mean that a C&P Exam showed a veteran had a claimed mental disorder when they did not. A false negative would mean that a C&P Exam showed a veteran did not have a mental disorder when they did. This could result in a veteran being denied for TDIU based on a C&P Ex-am that gave an incorrect result.

A SouthEast Vocational Expert would be able to explore the medical files and understand how the symptoms of the disabling condition could impact the workforce and the ability to maintain employment. For example, even if the veteran’s C&P Exam stated that they were not found to have a disabling mental condition, it make be stated in the Exam that the claimant would have an inability to work in proximity to others or maintain pace. These things could be beyond customary tolerances in the workplace, and therefore make the veteran unemployable. A VE would be able to indicate this in a report due to their specialized knowledge of the world of work.

VA TDIU Claim

According to the GAO report (Bertoni, D., 2015), there is “incomplete guidance” as to how to consider a veteran’s unemployability and, due to this, variability and variation in TDIU claim cases can be found. Per the report, this could involve differing opinions between rating experts as to what would count as demonstrating employability (such as being able to take courses with a Traumatic Brain Injury), how much weight should be given to a veteran receiving social Security Disability, and difficulties in separating service-connected disabling conditions and those conditions that are not service-connected but may be due to age or other disabling conditions. A VE would be able to look at the disabling conditions that are provided in the medical reports and indicate what impact they would have on a veteran’s employability. A VE would also be able to understand and express what the impact of receiving vocational training could have on potential employability would be.

SouthEast Vocational Expert is Key

A Vocatoinal Expdert is an important addition to any TDIU claim due to their specialized knowledge and understanding of the workplace, including employer tolerances, what physical and mental requirements there are for certain jobs, and the impact of training or education on employability. The VE is a key part to ensuring that even when there may be discrepancies in the record or vocational aspects of a case have not necessarily been examined completely, the impact of a veteran’s service-connected conditions on the workforce are explored fully.

References

Worthen, Mark, Psych C&P Exams are Unfair to Veterans (January 15, 2018). Available at SSRN: https://ssrn.com/abstract=3102447 or http://dx.doi.org/10.2139/ssrn.3102447

http://www.cavcbar.net/Winter_VLJ_2014.pdf

Bertoni, D. (2015). Veterans’ disability benefits: Improvements needed to better ensure VA unemployability decisions are well supported. Washington, DC: Government Accountability Office.

MMTLP – Fraud, Deception, Cover Ups, and How It Affects YOU.

The following narrative exposes many of the nefarious actions of bad Wall Street actors. Bad actors on Wall Street are a threat to the stability of our financial market and even our national security.

If you have even a single dollar invested in the US stock market, you are at risk. This is not an exaggeration or scare tactic, it is a fact. The truth is, the situation surrounding $MMTLP is just one example of the corrupt and dangerous behavior that is being repeated throughout the United States stock market. Retirement accounts, 401ks, IRAs, and even college funds are all at risk due to these predatory market practices. Make no mistake about it, this is an EMERGENCY, AND IT AFFECTS YOU. The evidence provided in this narrative should serve as a wake-up call for all investors. It is imperative that we address and confront this issue to protect the integrity of our financial system and the hardworking people who invest their money into it. Many people have lost their homes, lost their marriages, lost their savings, suffered health problems brought on by stress, and some have lost their lives due to these events. I implore you to read on and become familiar with this very crucial matter.

The stock symbol MMTLP was never supposed to be made tradable. In June of 2021, Torchlight Energy Resources (formerly traded as TRCH on the NASDAQ) entered into a reverse merger with Meta Materials (currently trading as MMAT on the NASDAQ). Torchlight Energy was an oil and gas exploration company, and Meta Materials is a nanotechnology company that did not want to be in the oil and gas business. As a result, all of the assets of TRCH were spun off into a Series A Preferred share. Each shareholder of TRCH at the time of the MMAT merger was issued one of these Series A Preferred shares for every share of TRCH that they owned at that time to represent their ownership of TRCH assets. These assets include a 134,000-acre property in Texas’ Permian Basin that is rich with minerals, natural gas, and the largest onshore oil discovery in over 30 years. Again, this security was not supposed to be tradable.

However, in October 2021, MMTLP was created by an unknown party without authorization from the issuing company, permitted by FINRA to be listed and trade on the OTC market from October 2021 until December 8th, 2022, and subsequently halted by FINRA due to what they called “an extraordinary event” five days before these assets were to be spun out into Next Bridge Hydrocarbons, a publicly reporting but non-trading private company.

It is believed that this security was created in order for bad actors on Wall Street to circumvent their requirement to cover naked short positions (short positions created by selling shares that were created out of thin air) in TRCH. John Brda, the former CEO of TRCH, notified OTC Markets that this was unauthorized, however was told that since FINRA approved it, he had to take it up with them. Because the trading symbol MMTLP was created without authorization of the issuer, it is believed that market makers sold hundreds of millions of counterfeit shares to the public through broker-dealers.

Fast forward a year later, the decision was made to spin the TRCH assets out into a publicly reporting, but non-trading private company. The corporate action notice that FINRA put out on December 6th, and then another on December 8th, led many to believe that trading on the 9th and the 12th of December 2022 would be limited to “position close-only” trades. Brokers, market experts, and many others interpreted FINRA’s corporate action notice to be stating the same. Even Jeff Mendl, Vice President of OTC Markets, came out and stated on a broadcast on December 7th that “Per FINRA’s corporate action, MMTLP is being deleted as a ticker after the trading day on the 12th. And so that means that you no longer are reporting a trade in MMTLP after that date… what I can say though is that MMTLP as of the end of the trading day on the 12th will no longer be traded on the OTC Market.” All of this can be substantiated by visiting the following thread on Twitter: https://twitter.com/FreeCommercials/status/1634393126877151233).

This halting of the stock came with 2 days of trading left, and during those two days, it is believed that all short positions and counterfeit shares would have had to be bought back to reconcile the share count down to the authorized amount of 165,472,241. This trading halt has left roughly 80,000 families without their money and no verifiable proof or evidence that they actually have their shares in the private company. These families include retirees, veterans, and people of all walks of life.

As part of a community of thousands of people that hold 24/7 conference calls via Twitter Spaces regarding this situation, we can tell you that countless people are suffering. On April 1st, 2023, a FOIA request placed by a member of our community brought forward results that we would like to bring to the attention of the world stage (viewable here: https://mmtlpresources.com/wp-content/uploads/2023/04/RELEASABLE-Records-Request-No.-23-00564-FOIA.pdf). These emails serve as evidence that FINRA, including its CEO, was aware of the issue surrounding MMTLP as early as November 2021 and failed to take appropriate action. Furthermore, the content of these emails proves that FINRA requested the “Blue Sheets” (Electronic Blue Sheet (EBS) data files, which contain both trading and account holder information, provide regulatory agencies with the ability to analyze a firm’s trading activity) from all firms involved on December 5th, 2022, a full 4 days before they ordered the halting of trading. In light of this information, many believe that FINRA not only misled the public by releasing two corporate action notices that seemingly stated that trading would end on December 12th, but that they may have intentionally acted to conceal the wrongful actions of broker dealers and other nefarious actors on Wall Street, ultimately at the expense of hardworking retail investors. Some Congressional representatives have already requested this blue sheet data in light of this FOIA request.

This situation has exposed many of the nefarious actions of bad Wall Street actors, which pose a significant threat to our financial market stability and national security. Due to public pressure, FINRA has recently released a statement on this situation, viewable here: https://www.finra.org/investors/insights/FAQ-MMTLP-corporate-action-and-trading-halt. This statement is believed by many to be rife with misrepresentations, factual inaccuracies, and outright lies. Additionally, in their statement, they make no mention of the FACT that there are counterfeit shares that were sold to the public by market makers through Broker Dealers. The sale of counterfeit/failed-to-deliver shares is illegal, and FINRA has not made a single mention of it. NOT ONE. Essentially, this response is simply FINRA’s way of pointing their finger at the brokers and saying “This is not our problem”. However, FINRA is tasked with policing the brokers as regulators, and they have grossly failed to do so at the expense of public retail investors. A full point by point refutation of FINRA’s statement can be found at the following thread on Twitter: https://twitter.com/bleedblue18/status/1639354486190661638.

Dave Lauer, a leading expert who provides court testimony on this subject and an advisor to FINRA himself, recently called out FINRA to fix the problem in multiple tweets (viewable here: https://twitter.com/dlauer/status/1633991885084606466 and here: https://twitter.com/dlauer/status/1641927330443542528).

The only acceptable course of action to resolve this situation is to reconcile the outstanding shares to the authorized amount of 165,472,241 by utilizing the market and a predetermined trading period, as approved by the SEC in the S1 filing. Strict independent oversight must be employed to ensure that there is no market manipulation during the aforementioned reconciliation. Any alternative course of action would violate the fundamental principles that underpin the free markets and the laws that govern them.

In conclusion, the situation surrounding MMTLP and the sale of counterfeit shares by market makers through broker-dealers has exposed a much larger issue within the financial market and national security. The failure of FINRA and the SEC to regulate and enforce the laws has caused severe harm to countless retail investors and put the entire market at risk. It is not just MMTLP that is affected by these practices – any security traded on the U.S. stock market is potentially vulnerable to similar nefarious actions. Retirement accounts, 401ks, IRAs, and even college funds are all at risk due to these predatory market practices. So make no mistake about it, this is an EMERGENCY, AND IT AFFECTS YOU. Counterfeit shares hurt us all, and we cannot allow these practices to continue. We implore everyone to demand accountability and transparency from FINRA, the SEC, the DTCC, and other regulatory bodies, and to support efforts to reconcile ALL COUNTERFEIT shares to the authorized amount through a predetermined trading period with independent oversight.

Only through these actions can we restore trust and integrity to our financial markets and ensure that such a devastating situation never happens again. The regulatory bodies must take responsibility for their failure to protect retail investors and enforce the law. Additionally, the entities who allowed this to transpire must buy back the counterfeit shares and clean up the mess they created. This will be the ultimate fine, this is how you allow the free market system to resolve this, and this will be the most efficient way to make sure it never happens again because this will FORCE the need for more oversight. We must hold them accountable and make them pay for their mistakes, so that we can ensure a fair and just market for all. As of April 3rd, 2023, it has been over 115 days and counting since this situation began, and it will NOT end until we have justice.

Thank you very much for reading our story.

Written by “Drew Diligence” [email protected] @FreeCommercials on Twitter

Vocational Evaluation for Veterans Disability and TDIU Claims

SouthEast Vocational Experts: provides clients with
comprehensive Vocational Expert reports written with the precise language & Vocational Terms of the Department of Veterans Affairs.

OUR TDIU Vocational Evaluation reports help a verteran document their
veteran’s claim for Total Disability Individual Unemployability (TDIU).

SouthEast Vocational Experts offer a Veteran’s TDIU Vocational Evaluation designed to determine a claimant’s individual employability which can consists of many parts:

• Medical Document Review & Brief Military History
• Vocational Diagnostic Interview & Review of Work History
• Vocational skills & Aptitude Testing (if needed)
• Transferable Skills & Labor Market Research (if needed)

Disability determination requires Vocational Expert services because it is
usually a challenge for VA advocates and VA judges to assess the true vocational
limitations of Residual Functional Limitations based on the claimants medical reports alone.

Our decades of knowledge in determining whether a veteran qualifies for a TDIU can critically alter the final decision in a claim.

We can provide a Basic or Comprehensive TDIU Vocational Evaliuation

SouthEast Vocational Experts Evaluations can be done by Video (Zoom, Skype, Facetime) or Telephone conferencing.

If Vocational testing is required many of our tests can be done on line.

Our experts are fully trained to perform computerized, vocational,
aptitude testing.

If you have a TDIU case which requires a comprehensive Vocational Report
call

Veterans Disability TDIU Vocational Evaluation

SouthEast Vocational Experts: Leaders in Forensic Mental Health & Vocational Evaluations.

*A decision concerning entitlement to a TDIU evaluation in accordance with 38 CFR 3.340, 38 CFR 3.341(a), and 38 CFR 4.16 is based on a review of all available evidence, which should be sufficient to evaluate:

Current severity of the Service Connected disability(ies) the Veteran states and/or the evidence indicates prevent(s) obtaining & maintaining substantially gainful employment
The impact of Service Connected disability(ies) upon employability, and employment status.

*Development of the claim must be targeted at gathering all evidence concerning economic and non-economic factors affecting employability, including but not limited to evidence concerning the Veteran’s:

Military History
Military MOS
Current employment status
Past employment history
Educational/training history, and
Functional impairment(s) arising from SC disabilities as shown by examinations, Department of Veterans Affairs (VA) or private medical evidence, and lay evidence.

*U.S. Department of Veterans Affairs Compensation Manual: M21-1, Part IV, Subpart ii, Chapter 2, Section F Compensation Based on Individual Unemployability (IU) Article ID: 554400000014564 Vocational experts are qualified to thoroughly assess the impact of imposed functional impairments secondary to physical, psychological, cognitive, and social limitations on a veteran’s employability in light of an individual’s education, work history, and acquired skills (or lack thereof).

During Compensation & Pension (C&P) examinations, the examiner generally assesses each service-connected condition, many times without considering the combined effect of service-connected conditions. Medical professionals distinguish the physical, psychological, and cognitive limitations associated with each condition. At the end of C&P examinations, the examiner addresses the functional impact of each condition upon the veteran’s ability to work. Often-times, the medical examiner will opine on a veteran’s ability to work and such determinations can be utilized in a denial of disability benefits.

In cases without TDIU Vocational experts, the VA generally relies on VA physicians to make the determination of unemployability. Although medical evidence is a crucial component to a claim for TDIU, medical examiners frequently do not consider the comprehensive impact of the veteran’s combined conditions, nor do they have the expertise, training, or knowledge to consider vocational factors of each case such as: the impact of physical, social, cognitive, or psychological functional limitations (as opined by C&P examiners and treating physicians), along with an individual’s educational achievement, work history, and acquired skills compared to the demands of competitive employment.

TDIU Vocational experts have unique and extensive knowledge and expertise to evaluate whether veterans have the education, work experience, transferrable skill set, and adequate physical and mental capacity to secure and maintain employment at Substantial Gainful Activity (SGA) levels. Vocational experts compare the veteran’s limitations (residual functional capacity including exertional and non-exertional impairments resulting from service-connected conditions, to essential job duties and employer standards (eg. tolerance for work absences, time off task, ability to interact with coworkers and supervisors, ability to meet the demands of unskilled, sedentary employment; among others). Vocational experts are also uniquely qualified to address more complex issues such as marginal or unmaintained work, and protected or “sheltered” work environments. The vocational expert is the most qualified professional to render expert opinion on a veteran’s ability to obtain and maintain competitive employment at SGA levels and can critically alter the final decision in a TDIU claim. Vocational assessments to supplement your TDIU claim can be particularly compelling because this evidence can provide a wider scope of a veteran’s limitations that may not otherwise be mentioned or thoroughly analyzed in medical examinations.

SouthEast vocational Expderts Assessment reports follow a standard methodology with foundation to include: thorough review of the veteran’s relevant medical records, vocational interview with the veteran, vocational analysis of the impact of service-connected conditions on employability, analysis of the veteran’s education and prior work experience, evaluation of transferable skills, and individualized vocational conclusions regarding the veteran’s inability to work. Vocational reports submitted to the VA as supportive evidence in your disability claim help veterans and their representatives highlight vocational limitations related to one’s service-connected disabilities and improve chances of a favorable TDIU decision.

In August 2019, 4.7 million veterans, or 25 percent of the total, had a service-connected disability.

Among veterans with a service-connected disability, 26 percent reported a disability rating of less than 30 percent, while another 44 percent had a rating of 60 percent or higher.

In August 2019, veterans with a service-connected disability rating of less than 30 percent were much more likely to be in the labor force than those with a rating of 60 percent or higher (53.8 percent and 40.8 percent, respectively).

The unemployment rate for veterans with a disability rating of less than 30 percent was 3.0 percent, lower than the rate for those with a disability rating of 60 percent or higher (8.6 percent).

**U.S. Department of Labor Bureau of Labor Statistics – Employment Situation of Veterans (2019) News Release

VA Unemployability = Total Disability Individual Unemployability TDIU

SouthEast Forensic Vocational Expert have the clinical knowledge and expertise to bridge the gap between a person’s medical & psychological limitations and how they will affect the persons employability, so that the VA Adjudicator will be informed as to how the medical and psychological limitations affect a person’s employability.

Vocational Expert Services are Vital in VA Unemployability Claims

Total Disability Individual Unemployability(TDIU)

A veteran is entitled to a 100% VA Unemployability – TDIU disability rating if he can establish that his service-connected disabilities preclude him from obtaining/maintaining- substantial gainful employment, Individual Unemployment

VA adjudicator must consider a report documenting the Veteran’s un-employability from a Vocational Expert.

SouthEast Vocational Experts: Leaders in VA Unemployability -TDIU Veterans Disability, Forensic Mental Health & Vocational Evaluations. We provide a Comprehensive Evaluation that will give the veteran Objective Medical Signs and Symptoms as required by the Code of Federal Regulations.

TDIU Vocational Evaluation

A Social & industrial survey (Special Vocational Evaluation) done by a Vocational Expert can be used as valuable evidence to support a veteran’s TDIU Claim, and help get Faster Decisions.

Many times the VA uses a Social Worker to fill a basic form out, but a Social Worker isn’t an Expert in Medical & Psychological issues in disability nor are they an Expert in Vocational Issues. This is why you need this performed by a Vocational Expert to fully document your TDIU issues.

VA TDIU Total Disability Individual Unemployment – Vocational Expert Services for Veterans Disability

TDIU Total Disability Individual Unemployment – TDIU Vocational Expert Services for Veterans Disability Claims

A veteran is entitled to a 100% disability (Total Disability) rating if he can establish that his service-connected disability[ies] preclude him from substantial gainful employment, Individual Unemployment

SouthEast Vocational Experts have been providing Vocational and Occupational assessments for over 20 years. We have also served as an unbiased expert for the U.S. Government in more than 1,000 cases. We have performed over 3,000 assessments.

We can provide a Vocational Evaluation (Social & Industrial Surveys) in Veteran’s Disability cases to prove Total Disability Individual Un-employability in (TDIU) Cases.

Total Disability & Individual Unemployuability (TDIU)

VA adjudicator must consider a report documenting the Veteran’s un-employability from a Vocational Expert.

∞ TDIU Vocational Evaluation

A Social & industrial survey (Vocational Evaluation) done by a Vocational Expert can be used as valuable evidence to support a veteran’s TDIU Claim, and help get Faster Decisions.

Forensic Vocational Experts have the clinical knowledge and expertise to bridge the gap between a person’s medical & psychological limitations and how they will affect the persons employability, so that the VA Adjudicator will be informed as to how the medical and psychological limitations affect a person’s employability.

Vocational Expert in Veterans Disability & TDIU Assessment

We serve Veterans with disabilities & Veteran Advocates nationwide, including clients near all VA regional offices and their areas of jurisdiction: places such as Montgomery, Alabama; Houston, Texas; Dallas, Texas; Anchorage, Alaska; Phoenix, Arizona; Little Rock, Arkansas; South Carolina; North Carolina; San diego, California; San Fransisco, California; Los Angeles, California; Oakland, California; San Diego, California; Denver, Colorado; Hartford, Connecticut; Wilmington, Delaware, Washington, D.C.; St. Petersburg, Florida; Atlanta, Georgia; Honolulu, Hawaii; Boise, Idaho; Chicago, Illinois; Indianapolis, Indiana; Des Moines, Iowa; Wichita, Kansas; Louisville, Kentucky; New Orleans, Louisiana; Togus, Maine; Boston, Massachusetts; Detroit, Michigan; St. Paul, Minnesota; Jackson, Mississippi; St. Louis, Missouri; Ft. Harrison, Montana; Lincoln, Nebraska; Reno, Nevada; Manchester, New Hampshire; Newark, New Jersey; Albuquerque, New Mexico; New York City; Winston-Salem, North Carolina; Fargo, North Dakota; Cleveland, Ohio; Muskogee, Oklahoma; Portland, Oregon; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Providence, Rhode Island; Columbia, South Carolina; Sioux Falls, South Dakota; Tampa, Florida; Nashville, Tennessee; Houston and Waco, Texas; Salt Lake City, Utah; White River Junction, Vermont; Roanoke, Virginia; Seattle, Washington; Huntington, West Virginia; Milwaukee, Wisconsin; Atlanta, Georgia; Columbus, Georgia; Savannah, Georgia; Jacksonville, Florida; Pensacola, Florida; Mobile, Alabama; and Cheyenne, Wyoming.

Georgia Vocational Evaluation – Disability Evaluation – Vocational Expert

Georgia Vocational Evaluation Disability Evaluation Vocational Expert

Divorce, Veteran, LTD, SSA/SSI –

SouthEast Vocational Experts: Leaders in Forensic Mental Health & Vocational Evaluations.

Disability Evaluation process and procedures differ depending on the Venue as well as the issued involved in the case.

this will cover the major aspects – each case is different and therefore will have different needs, we do not have a one size fits all assessment process.

Disability Evaluation – Forensic VOCATIONAL EVALUATION PROCESS

1) Document Review – General list:

Hospital, Physician, Psychiatrist, Psychologist, & Counselor records, Disability Forms.

2) We Use Both a Structured and Unstructured Diagnostic Vocational Interview

This will be a review of the Veteran’s history and will also outline the Veteran’s age, education, current work status, past work experience, skills, current medical & psychological impairment(s), treatments, and physical & psychological limitations.

(This can be in-person or through SKYPE)

3) Assessment of Current Information and determining if more documentation is needed.

– If needed we will create Medical and/or Psychological Source forms and/or Mental Residual Functional Capacity (MRFC), Physical Residual Functional Capacity (RFC). This will be the disabled individual or their Representative responsibility to get completed and returned to us.

4) Vocational & Forensic Mental Health Evaluation (Psychometric Assessments) (most cases will require one or more tests)

Based on the case we will determine what assessments need to be completed. We will assess not only aptitudes but also may measure Attention, Concentration (ADHD), Memory, Cognitive Abilities, IQ, Mental Health / Psychiatric Measures (Depression, Bi-Polar, Acute Anxiety, GAD, PTSD, Schizophrenia, etc.)

5) Perform a Vocational Diagnostic Assessment of Residual Employability.

this includes a Transferable Skills Analysis

6) Labor Market Research (if needed)

Private, local, state, and federal government labor market studies to determine if any significant number of jobs exist that the claimant can perform in the local and national labor market.

The results of the vocational evaluation enable the Vocational Expert to render an opinion as to the employability of the permanently injured veteran’s and their ability to perform substantial gainful work activity based on quantifiable, accurate, and current information using Veteran’s Disability standards.