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.

SouthEast Vocational Experts and

Tennessee Vocational Expert Disability Evaluation

– 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 can be in-person or through SKYPE)

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

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

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.

understanding PTSD and TDIU for Veterans

Post-Traumatic Stress Disorder (PTSD)

If you are here because you have been denied veterans’ benefits for PTSD, you are not alone. In 2012, the VA claimed its own claims error rate was 14%. However, the VA’s own inspector general found a claims error rate of 38%.That means by even the VA’s own estimates they make mistakes in almost 4 out of 10 benefits claims cases! Additionally, appeals represent a third of the VA’s pending disability claims which means 1 in 3 cases the VA is processing are veterans appealing a denial.

A TDIU Vocational Evaluation can assist you greatly in gaining Objective Evidence of your Psychiatric Limitations/Mental Health Issues, to get an Objective Diagnosis, severity of issues and how they affect your employability and in Vocational Terms

How Do I Get Veterans’ Benefits for PTSD?

To get veterans’ benefits for PTSD, you need to establish a service connection between your PTSD disability and your time in service. PTSD is unique among veteran disability types because of the importance placed on stressors in diagnosing PTSD. So, in order to get VA disability benefits for PTSD you will need to get a service connection by establishing a stressor or stressors that qualify you for a diagnosis of PTSD.

There are essentially 3 different approaches to proving stressors.

The first type of stressor involves a situation where a combat veteran describes a stressor that is consistent with his or her combat exposure.
The second type of stressor involves a situation where the veteran describes a stressor that is not associated with his verified combat exposure.
The third type off stressor involves cases where the veteran’s PTSD stressor is related to fear of hostile military or terrorist activity while stationed in a combat theater of operations.

Credible supporting evidence is important in getting approved for PTSD VA benefits. But in practice, the “credible supporting evidence” requirement has been a major impediment to many Veterans receiving compensation for their PTSD diagnosis. Frankly, many things that happen in the service are never properly documented or recorded. As a result, it can be very difficult to prove that the stressor took place. Fortunately, in July 2010 the VA issued a new rule making it somewhat easier to prove that a stressor event happened during service. Under the new regulation, if a Veteran’s claimed stressors are related to the Veteran’s fear of hostile or military or terrorist activity then he could qualify for PTSD based on this as a stressor.

Additionally, in order to get VA benefits for PTSD, you might also need to get a private VOCATIONAL EXPERT OPININON to establish a connection between your service and your diagnosis and Vocational Limitations.

What Are PTSD Veterans Benefits?

Veterans benefits for PTSD are granted based on graduated disability ratings of 0%, 10%, 30%, 50%, 70% or 100%. Veterans who receive a disability rating of 0% do not receive disability benefits because there is little or no impairment. Disability benefit payments begin at 10% and increase at each rating level.

Veterans have a wide range of benefits available to them. They range from VA pension benefits (non-service connected) and VA compensation benefits – to vocational rehabilitation and grants for adapted vehicles, housing and equipment.

Why Did the VA Deny My Veteran’s Benefit Claim for PTSD that a Vocational Expert and Help with?

The most common reasons why the VA denies benefits for PTSD are:

The VA also likes to deny PTSD claims on the grounds that you don’t have a diagnosis of PTSD. In many cases, however, if you are not diagnosed with PTSD you may be diagnosed with depression or generalized anxiety. You would benefit from a TDIU Vocational Evaluation that tests for psychiatric/Mental Health issues and lists their severity and relationship to vocational limitations.
Another reason why the VA denies PTSD benefits claims is because many veterans make the mistake of re-filing PTSD benefits claims without any new evidence or they submit evidence that is not really material to their PTSD, South East VE can provide you with New Objective Evidence.

In order to ensure the greatest degree of success in re-opened disability claims, we recommend that you look very carefully at the reason why the VA denied your claim the last time. For instance, if the reason they denied you before was because there was no evidence of a present disability, then submitting a new medical record showing a diagnosed condition could potentially aid in getting your claim reopened. The new evidence you submit should address one of the reasons why VA denied your benefits before.

SouthEast Vocational Experts can provide Objective Evidence of your PTSD and level of severity through our objective Testing.

Georgia – psycho-educational transitional evaluations

detailed statement of fees will be provided for clients’ submission to insurance companies for self-filing claims. Please note that most insurance companies do not cover psycho-educational testing for developmental delays or learning issues, as they deem these services ‘educational’ rather than ‘medical’, even if the provider is ‘in-network’.

Schools will pay for Transitional Evaluations however, many parents often have to hire an attorney or school advocate in order for this to occur.

We provide services for school aged children as well as college students with learning disabilities, attention problems, and behavioral concerns.

We provide the following psych0-educational evaluation services:

Comprehensive psycho-educational evaluations that define children’s learning profile, academic strengths and weaknesses, and recommendations for effective remediation and accommodations. The evaluations assess the following areas:

Complete psycho-educational transitional evaluation – $1950

comprehensive intelligence testing/Cognitive Processes (e.g., processing speed, flexibility)
comprehensive memory testing
comprehensive achievement testing in all academic areas
computerized attention assessment
behavior/emotional/social assessment
comprehensive testing of all neuropsychological processing areas appropriate, such as processing speed, visual-motor skills, visual-perceptual skills, auditory processing skills, phonological processing skills, attention/concentration skills
Interest Testing
Manual Dexterity
Vocational and Work Samples
comprehensive transitional evaluation report

Emotional/Behavioral Assessment

Call and speak to us regarding your concerns in order to obtain an estimated cost of assessment. These are typically completed on an hourly fee basis.

Academic Assessment only

Achievement testing in all academic areas (basic reading, reading comprehension, math reasoning, math calculation, written expression) with a brief written report – $500

Consultation

Our clinicians are available to meet with you to discuss behavioral, learning, and developmental issues. We are happy to attend meetings at your child’s school or complete observations in alternate locations.

Forensic Vocational Expert

Florida’s Vocational Expert Disability Evaluation

– 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 can be in-person or through SKYPE)

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

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

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.

Jacksonville, Orlando, Tampa Bay, Clearwater, Miami, Pensacola

Florida Vocational Expert Disability Evaluation

– Divorce, Veteran, Disability, 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. We specialize in Psychological Disability Evaluations.

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 can be in-person or through SKYPE)

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

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

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.

Florida Vocational Expert

Veterans Disability – Case Law

Case Law

VA is not requried to obtain a Vocational Expert Testimony or Industiral Survey to Deny Total Disability Individual Unemployement (TDIU) to deny a Veteran Individual Unemployment. But they must use the Vocational Experts findings in thier opinion!

This is a major difference between VA Adjudication and Social Security ODAR Adjudication. Social Security has to use a Vocational Expert at Step 4 and Step 5.

Smith v. Shinseki, 2010 U.S. App. Vet. Claims LEXIS 1470 (U.S. App. Vet. Cl., Aug. 11, 2010)
OVERVIEW: The veteran had a combined service-connected disability rating of 80 percent. Although the Board found that his 80 percent combined rating (with at least one disability rated at 40 percent) met the threshold requirements for a TDIU claim, it denied his claim after taking into account his work history, his educational background, and reports from VA medical examiners. While the medical examiners did not suggest that he could perform his previous employment as a laborer in the coal mines or a carpenter, they concluded that he was not prevented from performing light or sedentary jobs. The court rejected the veteran’s argument that VA was required to obtain an industrial survey from a vocational expert to evaluate his claim. Given that a TDIU determination under § 4.16 did not require any analysis of the actual opportunities available in the job market, the court declined to conclude that an industrial survey was “necessary” for that purpose in connection with TDIU claims. Because job market information was not required, the duty to assist under 38 U.S.C.S. § 5103A did not require the VA to provide such information through an industrial survey.

This is why you need a ∞ TDIU Vocational Evaluation performed by a Vocational Expert so that the court will have the inforation assessed for them, unlike Social Security which has to use Vocational Experts,

The VA doesnt, BUT must apply the Vocational Experts opinion to the VA’s Decision.

The Court was left scratching its head as to what jobs this disabled veteran could obtain and work since VA did not address that:In a later case in July 2014 the Appeals Court for Veterans Claims reasoned in McClain v. Gibson that VA must provide a detailed explanation when it decides that a severely disabled veteran is ’employable’ as opposed to unemployable.

Evan McLain, Appellant, v. Sloan D. Gibson, Acting Secretary of Veterans Affairs, Appellee.
No. 13-2264
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

2014 U.S. App. Vet. Claims LEXIS 1235 July 17, 2014, Decided

“McClain [Veteran] argues that the Board provided an inadequate statement of reasons or bases for its denial of TDIU. To show entitlement to TDIU, the evidence must demonstrate an inability to undertake substantially gainful employment as a result of a service-connected disability or disabilities. 38 C.F.R. § 4.16(a) (2014) (TDIU is awarded when a disabled person is”unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities”). The Board “may not reject [a claim for TDIU] without producing evidence, as distinguished from mere conjecture, that the veteran can perform work that would produce sufficient income to be other than marginal.”Beaty v. Brown, 6 Vet.App. 532, 537 (1994). Although the Board need not find that [*2] a particular job exists in the economy, Smith v.Shinseki, 647 F.3d 1380, 1385 (Fed. Cir. 2011), the Board’s statement regarding employability must do more than “merely allude to educational and occupational history, attempt in no way to relate these factors to the disabilities of the appellant, and conclude that some form of employment is available.” Gleicher v. Derwinski, 2 Vet. App. 26, 28 (1991). Moreover, the Board’s explanation for its determination must be understandable to the claimant and facilitate judicial review. Allday v. Brown, 7 Vet.App. 517, 527 (1995) (Board’s statement “must be adequate to enable a claimant to understand the precise basis for the Board’s decision, as well as to facilitate review in this Court”).

Mr. McLain argues that the Board inadequately explained its TDIU determination because it did not address how difficult it would be for him to find employment given the limitations noted by medical examiners. The May 2010 and January 2012 examinations relied on by the Board found that Mr. McLain’s disabilities did not preclude him from employment in a loosely supervised setting, with minimal social interaction, where there was little background noise or phone [*3] communication, and where alarms and exact communication would not be needed. Record (R.) at 36, 48-49. Although the Board relied on these examiners’ ultimate conclusions that Mr. McLain could be employed in some kinds of jobs, the Board did not address the limitations noted by the examiners, nor did it attempt to relate these limitations to Mr. McLain’s educational and occupational history or explain what kinds of jobs Mr. McLain could obtain. See Beaty andGleicher, both supra. The Board’s failure to do so renders its statement of reasons or bases inadequate and warrants remand.¹Allday,supra; see also Tucker v. West, 11 Vet.App. 369, 374 (1998) (remand is appropriate where the Board has, inter alia, failed to provide an adequate statement of reasons or bases).”

NOTE: McClain is an unpublished opinion and not to be cited as precedent. However I believe its teachings and principles are important to grasp in the area of TDIU claims.

Veterans Disability Issues

lf Veterans of the first Gulf War are defined by the Department of Veterans Affairs as men and women who served in Saudi Arabia, Iraq, Kuwait and other countries in the Persian Gulf. Approximately 697,000 troops were deployed to the region in the years 1990-1991.

Gulf War vets have many of the same issues and disabilities as veterans of other wars. But They frequently experience problems that are unique to military personnel who fought in the region. Many believe it was due to some type of toxin exposure.

In particular, Gulf War vets are affected by a medically unexplained illness popularly called Gulf War Syndrome. Symptoms of Gulf War Syndrome can include fatigue, headaches, joint pain, indigestion, insomnia, dizziness, respiratory disorders, and memory problems.

Despite the frequent use of the phrase Gulf War Syndrome in civilian media, the VA prefers not to use that term and uses phrases such as “undiagnosed illness” and medically unexplained chronic multisymptom illnesses.” Because the symptoms of the illness vary enormously from vet to vet, the condition does not fit the formal definition of the term “syndrome,” according to the VA.

Presumptive Gulf War Conditions

The VA presumes that certain chronic illnesses that persist for more than six months in this cohort of veterans are related to service in the Gulf region. They include:

• Chronic fatigue syndrome

• Fibromyalgia

• Gastrointestinal disorders

• Undiagnosed illness that includes symptoms such as abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders and sleep disturbances, popularly called Gulf War Syndrome

• Infectious diseases that include malaria, brucellosis, campylobacter jejuni, Q fever, mycobacterium tuberculosis, non-typhoid salmonella, shigella, visceral leishmaniasis, and West Nile virus

• Amyotrophic lateral sclerosis (ALS)

The VA continues to conduct research into these and other conditions associated with service in the Gulf War during 1990-1991. Of particular interest is the source of so-called Gulf War Syndrome, and numerous causes have been suggested.

Possible Causes of Gulf War Syndrome

Possible causes of this medically elusive illness include:

• Vaccinations, especially vaccinations for anthrax and botulism

• Oil well fires, petroleum and smoke

• Pesticides

• Pyriostigmine bromide, used as a re-treatment against militarized nerve agents

• Biological and chemical weapons

• Sand, dust and particles

• Depleted uranium

• Toxic embedded fragments (shrapnel)

• Noise

•Occupational hazards, such as chemicals, paint and machinery

•Heat

If you have a service connected disability and are unemployed and believe that your disability is the cause you should consider a TDIU Vocational Evaluation.

When a Veterans Representatives & Attorneys need an objective Vocational Assessment of a claimant’s Past Relevant Work, & Current Vocational Capabilities, they turn to us for Answers.

We have been providing Forensic Vocational Expert Services and Occupational assessments for over 17 years. We have also served as an unbiased expert for the U.S. Federal Government in more than 500 cases. We have performed over 3,000 assessments and have a specializations in brain injury (TBI), and Mental Health/Psychological issues.

Forensic Vocational Expert

TDIU – DIAGNOSING PTSD

PTSD is a result of a person experiencing a traumatic event. Any number of situations can trigger PTSD for service members, as they are routinely exposed to stressful and traumatic occurrences.

Some of the Common Symptoms of PTSD may include:

Panic Attacks
Generalized Anxiety
Reliving the event, or flashbacks
Feelings of detachment, emotional numbness or depression
Avoiding situations that are reminiscent of the traumatic event
Not talking about the traumatic event
Living in a constant state of alertness or readiness for danger
Loss of interest in normal daily activities

Veterans experiencing these symptoms should contact a health care professional to determine whether they are suffering from PTSD.

There are many combat Veterans who have developed post-traumatic stress disorder (PTSD) as a result of military service are eligible to receive disability compensation for their condition. PTSD is a serious disorder that requires ongoing treatment which may not be possible if the veteran is not awarded an adequate amount from the VA.

The VA, Veterans Disability and what is needed to get a PTSD Disability Rating:

In the past, the VA has maintained strict requirements for claiming PTSD disability but in recent years these have become less stringent. Since 2010, veterans are no longer required to prove that the PTSD-triggering event actually occurred. This applies to combat veterans and any veteran who experienced fear of hostile terrorist activity.

The way to create A DIRECT SERVICE CONNECTION FOR PTSD, VETERANS MUST HAVE:

A current PTSD diagnosis
A statement about the event that caused their trauma
Consistency between the veteran’s statement and the conditions of their service
A medical opinion that the stressor had a sufficient enough impact on them to cause PTSD

Veterans Disability

Don’t Let the VA Employees be the only one to decide a Veterans Disability & Employability. There are some claims, a veteran establishes that he is unable to return to his former employment because of his service-connected disability. However that is not the only issue involved in individual unemployability (TDIU), the question then becomes whether the veteran has the education, work experience, transferrable skills and adequate physical or mental ability to secure and maintain Other Work. The VA often relies on their VA physicians or Social Workers’ to answer this question. But, in fact, vocational experts are the only ones who are qualified to provide an opinion on this issue.

Vocational experts can evaluate the opportunities in the contemporary labor market against the veteran’s peculiar circumstances, offering an opinion as to the veteran’s potential for obtaining another job.

When the VA obtains there opinion its often in a report known as Social & Industrial Survey , to support a veteran’s claim of unemployability due to service-connected disabilities. However, the person the VA has completing this form rarely has training, education, or experience in vocational issues, vocational limitations, nor medical and psychological aspects of disability. This is a true Veterans Disability Assessment.

The United States Department of Veteran’s Affairs (VA) is a government run military benefit system that is responsible for administering programs for veterans’ benefits, their families, and survivors. Veterans Disability- VA regulations state that “all veterans who are unable to secure and follow a “substantial gainful occupation” by reason of a service-connected disability shall be rated totally disabled.” (38 C.F. R. Sect 4.16).

you can get 100% Veterans Disability through “Individual Unemployability” or IU is a way for the VA to compensate veterans at the 100 percent rate who are unable to work because of their service connected disability. This is the fasted-growing part of the disability compensation program.

Entitlement to 100% Veterans Disability due to TDIU requires evidence of unemployment due to the disability in question and medical evidence that a veteran’s service-connected disability renders him or her totally disabled and unemployable. A Vocational Expert report can assist in documenting Total Disability.

The recent US Court of Appeals case of Smith v. Shinski (No 2010-7145) using Social Security case law indicates the Veteran’s Administration does not have to use Vocational Experts in TDIU (Total Disability, Individual Unemployability) cases but that the VA adjudicator must consider a report documenting the Veteran’s unemployability. It is clear from this decision that the ultimate question is the employability of the Veteran, not the availability of jobs they can perform.

Specifically, 38 C.F.R. § 4.16 states in part, that if a veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, he or she may be assigned a TDIU rating. Of course there are other requirements for IU benefits, but even if those requirements are met, if a veteran is still able to secure or follow a substantially gainful occupation, then IU will be denied.

A quality Veterans Disability Assessment needs to be done by a vocational expert to document the vocational aspects of the veterans disability issues that a doctor cannot do.