Vocational Services

A vocational expert provides an impartial, expert opinion on all matters involving occupational skills. In SSA appeal hearings, an Adjudicated Law Judge will typically rely on a vocational expert to help determine whether or not a particular claimant can do a particular job, or if his or her acquired skills are transferable to other occupations. A vocational expert knows about job availability in the current labor market as well as the skills that are needed to perform specific jobs or transferability into other occupations. 

Personalized Career Planning & Guidance (PCPG), or VA Chapter 36
This offers educational and career guidance, planning, and resources to Veterans and their dependents who are eligible for a VA education benefit. 

These comprehensive services include:

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• Educational and Career Assessment
  This includes a comprehensive educational and vocational history; assessment of interests, aptitudes, and abilities; transferable skills analysis; information is provided on VA benefits and transition assistance, as applicable; and documented next steps to assist Claimants in obtaining identified goals. 

• Employment Services
  This includes a labor market analysis, résumé development, mock interviewing, and employment referrals. The TCRG Counselor identifies suitable occupations that are consistent with the Claimant’s interests, aptitudes, and abilities. The Counselor also identifies barriers to employment goals and additional training needs, as well as assists Claimants to navigate and coordinate VA benefits in support of goals. 

• Educational Services
  This includes identification of training facilities, navigation of admissions process, and review of VA benefits. The Counselor identifies suitable training and/or education consistent with the Veteran’s goals, interests, aptitudes, abilities and disabilities, as applicable.  The contractor outlines barriers to educational goals, and assists the Claimant in navigating and coordinating VA benefits in support of goals.

Total Disability Based on Individual Unemployability (TDIU)

The Department of Veteran Affairs (VA) awards Total Disability based on Individual Unemployability, or TDIU, to veterans unable to obtain and maintain substantially gainful employment due to a service-connected disabling condition.  TDIU allows veterans who do not have a combined schedular rating of 100 percent to receive disability compensation at the 100 percent level.

What are Vocational Assessments for TDIU Claims?

A vocational assessment can provide valuable information for decision-makers regarding Total Disability Individual Unemployability cases, also known as TDIU cases and help answer whether a veteran’s service-connected disabilities prevent him or her from securing substantially gainful employment (“SGE”). 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 VA 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 they’re essential.

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. These individuals, however, 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 assessment 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 assessment is a multi-step process and is prepared by a vocational expert (“VE”). 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.

What goes into a 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 assessment from a qualified Vocational Expert can be invaluable in supporting a veteran’s TDIU claim.

Vocational rehabilitation consulting and expert witness services (i.e. forensic vocational rehabilitation services) are customarily provided in various legal cases in which the employment and/or earning potential of a plaintiff or claimant is at issue. Vocational evaluations, also known as earning capacity evaluations or vocational assessments, are used in a wide variety of practice areas. The purpose of the evaluation in divorce cases is to assess a spouse’s employability and earning capacity which aids in the determination of alimony and child support. In employment discrimination cases, the evaluation assists with determining vocational and monetary loss. When a personal injury, motor vehicle accident, or medical malpractice event occurs, the evaluation provides information on an individual’s employability and capacity to earn wages due to a disability or impairment. The evaluation takes a comprehensive look at an individual’s qualifications, training, work history, and residual functional capacity, if applicable, to determine transferable skills, current and future wage-earning capacity, and availability of reasonable jobs in their local labor market. 

When retained as a vocational rehabilitation consultant or expert witness in such cases, unlike when serving as a client’s rehabilitation counselor, no client-counselor relationship is established between VRC and the individual (i.e. typically the plaintiff or claimant in a forensic context).  An independent vocational and/or rehabilitation economic evaluation objectively evaluates the employment and/or earning potential, including the impact of an injury or other incident on his or her ability to work and earn money.

Additional services performed as part of these evaluations include:

• Record reviews

• Structured interviews

• Vocational and psychometric testing

• Job/occupational analysis

• Labor market research

• Transferable skills analysis

• Labor market access analysis

• Earning capacity analysis. 

Additional services may be performed depending on case circumstances, particularly in more serious personal injury (e.g. household services analysis; life care plan valuation) or wrongful death (e.g. household services analysis; personal consumption/maintenance analysis) cases. 

My experience with assisting people with injuries and/or disabilities with finding work is used along with specialized knowledge, tools, and assessments to develop objective opinions and testimony based on solid research and methods. I provide high quality work, maintain prompt and clear communication with clients, and handle cases with a high level of respect and ethical standards.

These services will be in support of the United States (U.S.) Department of Labor, Office of Workers’ Compensation (OWCP) and the Division of Federal Employees’ Compensation (DFEC) to provide services to injured workers in person and telephonically. 

Service Details:

• Provide vocational counseling and guidance to individuals disabled under FECA. May manage a case for up to 2 years.

• Provide vocational assessments including but not limited to: vocational testing, work evaluations, and situational assessments.

• As necessary, coordinate and schedule functional capacity evaluations, work hardening and similar inpatient/outpatient programs, and facilitating treatment for substance abuse.

• Conduct appropriate job analyses and transferrable skills analysis as requested based on the needs of the assigned case.

• Assist with vocational exploration and labor market surveys.

• Develop plans for job seeking skills training, direct job placement, identification of qualification for any special Federal hiring authorities, and/or on-the-job or formal training.

• Facilitate and supervise job readiness development and job placement services.

• Provide specialized job, vehicle and home modification services and life care planning services in catastrophic cases.

• Effectively and promptly communicate all case milestones and activities that require action including, but not limited to return to work, work stoppage, and recurrence of symptoms, unrelated medical issues, and instances of non-cooperation.

The transition from youth to adulthood is critical for every young person. This is particularly true for students and youth with disabilities. Ideally, during the transition years, youth acquire knowledge and learn skills they will need to maximize their independence and self-sufficiency in their communities. This process may involve accessing educational and employment opportunities including career and technical education, obtaining employment related services and supports, finding stable housing, and acquiring health insurance coverage, transitioning from pediatric to adult health care, financial aid, and other supports and services to assist in their future planning and development towards adulthood.

Being connected to programs, services, activities, information, and supports helps to maximize youth success. Learning about education, competitive integrated employment, and disability-related programs and services, helps youth become aware of their options and make informed choices. Areas of importance include civil rights, community life, education, emergency preparedness, employment, benefits, work incentives, health, housing, technology, and transportation.

The Workforce Innovation and Opportunity Act expands services to better support students and youth with disabilities in career development and transition planning. Title 1 of the Workforce Innovation and Opportunity Act (WIOA) authorizes the provision of career planning for eligible individuals. Career planning offers a person-centered approach to coordinate necessary support services before and after job placement.  Stanley Vocational Consulting aims to provide personalized services to assist transition age youth secure work experiences including summer and year-round employment opportunities, pre-apprenticeships, internships and job shadowing, on-the-job training opportunities.  Additional services to be provided are job exploration counseling, workplace readiness training to develop social skills and independent living, and instruction in self-advocacy, (including instruction in person-centered planning), which may include peer mentoring.