The Vocational Expert has a role in Divorce proceedings that can save time and money for each side. While determining Spousal Maintenance, a Vocational Expert can be hired to conduct a Vocational Evaluation on either or both parties. This Vocational Evaluation is aimed at finding an earning capacity for the individual based on their education, work history and past earnings.
There are two basic methods the Vocational Expert uses to determine the Earning Capacity. The first method is to look at Actual Earnings. Second would be to determine the Potential Earning Capacity.
1. Actual Earnings
The Actual Earnings of a person allows the Vocational Expert the most amount of Face Validity possible in his or her report. The Earnings of a person are easily found in their tax records and from their previous employers, and are obvious evidence of Earning Capacity.
The argument that can be made against the Actual Earnings of an individual can be that the job is no longer available, or that the person would not be able to return to the same type of work and make a similar wage. The Vocational Expert must weigh this knowledge as they craft their report. For example, a plumber with an acquired back injury and lifting restrictions below 10 pounds, would not be able to return to work as a plumber.
Disability is one item that can limit the ability to use Actual Earnings to determine earning capacity, others include Age, and Geographical Locale.
2. Potential Earning Capacity
The Potential Earning Capacity of an individual is based on what the fair market value for their skills and abilities would provide. Essentially, even though a person may have never earned a dollar in their life, they may have the potential to earn.
To determine Potential Earning Capacity, the Vocational Expert weighs different information regarding the person's past. Education, Work History, Volunteer Work, and Hobbies can play a role in determining vocational possibilities.
Vocational Testing can be completed during a Vocational Evaluation that may help determine the skill and ability level of a person, or an interview and file review can be conducted. Often these methods are used together to produce a complete picture of a person and their Vocational Abilities. The report produced by the Vocational Expert needs to address how the individual's background would affect their Potential Earning Capacity.
For more information on determing Earning Capacity or to set-up a Vocational Evaluation, contact the experts at WRTWC.
This blog is updated by Jesse R. Ogren, a Vocational Rehabilitation Counselor with WRTWC, the Return to Work Center.
Thursday, March 22, 2012
Wednesday, March 21, 2012
Finding Jobs for People with Disabilities - Vocational Rehabilitation
There is a little known state agency called the Division of Vocational Rehabilitation (DVR) available to help people with disabilities find employment. This program allows people with any type of disability to apply for services, and then they will be matched with a counselor who has a wide variety of resources available to help them find work. Although these agencies are often backlogged with people seeking services, there are still many people with disabling conditions that are not aware of its existence and the extent that it can potentially help. Below is a brief description of what DVR can do to help people return to work following injury, or go to work for the first time.
Different services that DVR can offer include; Job Placement, Vocational Evaluation, Vocational Training, and Workplace Accommodation.
Job Placement services allow for the participant to work directly with a Job Placement professional who often has contacts with area businesses. Before reaching that point, however, the participant is trained in methods of producing successful resumes and presenting themselves well in job applications. The participant can also be trained to succeed in job interviews, and with written correspondence following interviews.
We at WRTWC conduct Job Placement for our clients, and are also contractors for DVR in Minnesota for this service.
Vocational Evaluation allows for clients to be sent to a contractor that specializes in Vocational Assessments, and provides a report detailing the clients skills and abilities as they relate to the world of work. The testing usually completed at an evaluation includes, Interest, Aptitude, Academic, Basic Skills, and Simulated-Work Samples. The goal of this testing is determine a vocational goal for the participant that is based on their ability and skill level, as well as their areas of interest.
Once again WRTWC offers Vocational Evaluation services in both Wisconsin and Minnesota for DVR as well as any other service provider. Our experts provide different levels of testing based on the requirements of the service provider, as well as personalized reports that aims to provide answers to any referral questions that may be asked.
Vocational Training is something that DVR can offer to participants that require more than the basic services to help them find a job. The DVR counselors will work with the participant to determine what type of training program would be most beneficial given their proximity to schools and the job market. The end goal of Vocational Training is to return to work in a physically and mentally appropriate situation, so the counselor must be knowledgeable about the job market.
Workplace Accommodation refers to the ability for DVR counselors to help ease the transition for someone to work through adaptations in their work setting. Accommodations can be as simple as a new chair for someone with a bad back, or raised computer screen. Often though, these types of Accommodations can be fairly technological and it has actually created its own niche industry. Some examples of what can be done is from the University of Wisconsin-Stout website: http://www.uwstout.edu/svri/tech.cfm They also conduct evaluations of their own to help determine what type of Accommodations would be most effective.
If you have any questions regarding anything listed here, contact your State Division of Vocational Rehabilitation office, or comment down below.
Different services that DVR can offer include; Job Placement, Vocational Evaluation, Vocational Training, and Workplace Accommodation.
Job Placement services allow for the participant to work directly with a Job Placement professional who often has contacts with area businesses. Before reaching that point, however, the participant is trained in methods of producing successful resumes and presenting themselves well in job applications. The participant can also be trained to succeed in job interviews, and with written correspondence following interviews.
We at WRTWC conduct Job Placement for our clients, and are also contractors for DVR in Minnesota for this service.
Vocational Evaluation allows for clients to be sent to a contractor that specializes in Vocational Assessments, and provides a report detailing the clients skills and abilities as they relate to the world of work. The testing usually completed at an evaluation includes, Interest, Aptitude, Academic, Basic Skills, and Simulated-Work Samples. The goal of this testing is determine a vocational goal for the participant that is based on their ability and skill level, as well as their areas of interest.
Once again WRTWC offers Vocational Evaluation services in both Wisconsin and Minnesota for DVR as well as any other service provider. Our experts provide different levels of testing based on the requirements of the service provider, as well as personalized reports that aims to provide answers to any referral questions that may be asked.
Vocational Training is something that DVR can offer to participants that require more than the basic services to help them find a job. The DVR counselors will work with the participant to determine what type of training program would be most beneficial given their proximity to schools and the job market. The end goal of Vocational Training is to return to work in a physically and mentally appropriate situation, so the counselor must be knowledgeable about the job market.
Workplace Accommodation refers to the ability for DVR counselors to help ease the transition for someone to work through adaptations in their work setting. Accommodations can be as simple as a new chair for someone with a bad back, or raised computer screen. Often though, these types of Accommodations can be fairly technological and it has actually created its own niche industry. Some examples of what can be done is from the University of Wisconsin-Stout website: http://www.uwstout.edu/svri/tech.cfm They also conduct evaluations of their own to help determine what type of Accommodations would be most effective.
If you have any questions regarding anything listed here, contact your State Division of Vocational Rehabilitation office, or comment down below.
Friday, March 9, 2012
Vocational Rehabilitation Counselors as Neutral Vocational Experts
Vocational Rehabilitation Counselors typically hold at least Master's
degrees which enables them to work as counselors and evaluators with state and
federal agencies, or in private practice. The experience of working as a
Counselor, placing people in jobs and gaining familiarity with the vocational
landscape, enables them to serve in court proceedings as a Vocational Expert.
Vocational Experts are able to testify in court cases that determine Earning Capacity such as in a divorce-maintenance dispute, changes in Earning Capacity in cases regarding injury, and presumed Earning Capacity in cases involving injury to children.
The Vocational Experts have a variety of tools at their disposal including vocational testing, work and educational histories, labor market information and their own experience with the job market. Above all else, the Vocational Expert is held by ethical standards to provide testimony as evidence that is neutral to both parties, despite being hired by only one of them.
The goal of the Experts at WRTWC is to provide testimony regardless of the source of our payment. By operating in this fashion, our experts have gained the trust of judges and have even been hired by both sides of divorce cases to produce Earning Capacity reports.
By striving to stay neutral and testify based on the facts of a case, our experts have been able to provide useful testimony that helps move cases toward a conclusion. Our testimony has proven to be helpful in divorce cases as it can save money for each party. With neutral, fact-based testimony, our findings can be quickly accepted by both sides, without further argument.
If there is any questions you have regarding a case that may be require a vocational expert, please contact me at jesse.ogren@wrtwc.com, or at 612-353-5154.
Vocational Experts are able to testify in court cases that determine Earning Capacity such as in a divorce-maintenance dispute, changes in Earning Capacity in cases regarding injury, and presumed Earning Capacity in cases involving injury to children.
The Vocational Experts have a variety of tools at their disposal including vocational testing, work and educational histories, labor market information and their own experience with the job market. Above all else, the Vocational Expert is held by ethical standards to provide testimony as evidence that is neutral to both parties, despite being hired by only one of them.
The goal of the Experts at WRTWC is to provide testimony regardless of the source of our payment. By operating in this fashion, our experts have gained the trust of judges and have even been hired by both sides of divorce cases to produce Earning Capacity reports.
By striving to stay neutral and testify based on the facts of a case, our experts have been able to provide useful testimony that helps move cases toward a conclusion. Our testimony has proven to be helpful in divorce cases as it can save money for each party. With neutral, fact-based testimony, our findings can be quickly accepted by both sides, without further argument.
If there is any questions you have regarding a case that may be require a vocational expert, please contact me at jesse.ogren@wrtwc.com, or at 612-353-5154.
Monday, March 5, 2012
Modern Job Search
As a Vocational Rehabilitation Counselor, I spend countless hours working with people to find employment. This continues in my personal life as I always get stuck in my friends business as they look for jobs themselves. I have learned a few things from all this time spent looking for job openings and I want to start by sharing five things that I believe have changed since our evolution to a digital world.
1. Every job post listed on a job search website receives a million applicants.*
This might be hyperbole, but nonetheless you better be the exact candidate they are looking for with a pristine application or resume and near the top of the stack if you expect to find a job through these means.
2. Resumes written off of templates through Microsoft Office will not stand out.
This is the easiest way to produce a resume and is probably 90%* of what Human Resource managers see. A simple web search will provide many different resume formats that are more creative, and will be able to highlight your job and educational experiences more readily.
3. Companies use scanning devices to quickly weed through resumes, for rejection purposes.
Large companies that usually offer the best salaries, and benefits are also the most competitive for hiring. They have it down to a science where they are able to sift through thousands of applications and resumes quickly, using computers that reject applications for such reasons as poor spelling and grammar, poorly worded descriptions of experience, and lack of job specific buzz words.
4. Networking is more important than ever, and much easier through social media.
Being on websites such as LinkedIn is vital when searching for a job. Being on websites such as Facebook, Twitter, and various other social sites can be helpful, but can also be detrimental. In the age of "googling yourself", every person looking for a job needs to learn to manage their on-line presence.
5. Staffing agencies are a normal way to find a job.
With the amount of job posting websites and on-line applications, using a staffing agency to get your foot in the door with a company is essential. These companies are paid to place people, and have several companies that use them instead of hiring their own HR staff.
The future of this blog will address these areas as well as many others. Thank you for reading and stay tuned for future posts.
* Statistics not based on any research, and likely overblown.
1. Every job post listed on a job search website receives a million applicants.*
This might be hyperbole, but nonetheless you better be the exact candidate they are looking for with a pristine application or resume and near the top of the stack if you expect to find a job through these means.
2. Resumes written off of templates through Microsoft Office will not stand out.
This is the easiest way to produce a resume and is probably 90%* of what Human Resource managers see. A simple web search will provide many different resume formats that are more creative, and will be able to highlight your job and educational experiences more readily.
3. Companies use scanning devices to quickly weed through resumes, for rejection purposes.
Large companies that usually offer the best salaries, and benefits are also the most competitive for hiring. They have it down to a science where they are able to sift through thousands of applications and resumes quickly, using computers that reject applications for such reasons as poor spelling and grammar, poorly worded descriptions of experience, and lack of job specific buzz words.
4. Networking is more important than ever, and much easier through social media.
Being on websites such as LinkedIn is vital when searching for a job. Being on websites such as Facebook, Twitter, and various other social sites can be helpful, but can also be detrimental. In the age of "googling yourself", every person looking for a job needs to learn to manage their on-line presence.
5. Staffing agencies are a normal way to find a job.
With the amount of job posting websites and on-line applications, using a staffing agency to get your foot in the door with a company is essential. These companies are paid to place people, and have several companies that use them instead of hiring their own HR staff.
The future of this blog will address these areas as well as many others. Thank you for reading and stay tuned for future posts.
* Statistics not based on any research, and likely overblown.
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