Disability & Social Security

Vocational and Medical Expert Examination Tactics

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 58 minutes
Charles Consagra
Meredith Marcus
Susan Peterson-Lerdahl
James Randall
David Cooper
With Charles I. Consagra from Needle Law Firm + 4 others
Recorded November 14, 2024
Product ID 99628

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Overview

Essential Guidance for Obtaining, Using, and Countering Vocational and Medical Testimony

Vocational and medical expert findings will often make or break a case when determining the extent of disability and remaining employability. This foundational legal course focuses on every aspect of that testimony from expert qualifications and methodology to the written reports and specific questions for oral examination. Find effective ways of challenging vocational and medical experts and their findings - register today!

  • Walk through the evaluation process: from initial interview through labor market survey, physical limitations, and more.
  • Get clear guidance for choosing your expert: review their specific expertise, reputation, past litigation history, and more.
  • Learn how to apply expert findings to the client's specific case facts.
  • Examine the employability of the claimant with solid evidence on both sides of the debate.
  • Learn how to counter outdated or irrelevant vocational findings.
  • Walk through the common questions and hypotheticals you'll want to ask medical and vocational experts.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Brad Kolling.

Abbreviated Agenda

  1. Vocational Evaluation Basics
  2. Vocational Evaluations Process
  3. VE Methodologies, How to Make it Effective Depending on Its Purpose
  4. Countering/Cross-Examining VEs
  5. What's Necessary to Provide for Your Medical Expert and Why
  6. Medical Evaluations and Reports: What's Included, How to Analyze Them
  7. Insights on Imaging, Medical Records, EMGs, and Clinical Correlation
  8. Legal Ethics
Product ID 99628

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Vocational Evaluation Basics

    1. What It Is
    2. What You Want in a VE Report
    3. What are the Different Situations
    4. What are the Different Types of Assessments
  2. Vocational Evaluations Process

    1. Initial Interview
    2. Academic and Vocational Testing
    3. Interest Inventory
    4. The Person's Physical Capability
    5. Labor Market Survey
    6. Putting Together the Report
  3. VE Methodologies, How to Make it Effective Depending on Its Purpose

    1. Retraining
    2. Partial Permanent Disability
    3. Permanent Total Disability
    4. Social Security Disability
    5. In Personal Injury Context
  4. Countering/Cross-Examining VEs

    1. Questioning VE Qualifications
    2. Questioning Sources and Methodologies for Conducting the Evaluations
    3. Geographic, Economic Situation Limitations
    4. Are the Found Jobs Within the Person's Restrictions?
    5. Challenging the Number of Jobs Available in a Specific Occupation in the Geographic Location (Local vs. National Numbers)
    6. Outdated Jobs
    7. Questioning Other Findings
    8. Useful Questions and Hypotheticals
  5. What's Necessary to Provide for Your Medical Expert and Why

    1. Medical History
    2. Deposition or Summary of the Deposition to the Insurance Company
    3. Past, Present Medical Treatment
    4. Prescription Medication History
    5. First Report of Injury
    6. Proper Foundation
    7. Making Sure You Have a Credible Expert (Verify They Have the Necessary Expertise)
    8. Vetting IME Doctors, Researching Their Reputation
    9. Past Testimony
  6. Medical Evaluations and Reports: What's Included, How to Analyze Them

    1. Independent Medical Examinations (IMEs): Narrative Reports vs. Causation Opinion
    2. Claimant's History of the Injury
    3. Treating Doctor Reports: History of Prior Treatment
    4. Detailed results of the Examination
    5. What Must the Doctor's Ultimate Opinion Contain?
      1. Diagnosis
      2. Causation
      3. Nature and Extent of the Injury (Permanent vs. Temporary)
      4. The Need for Ongoing Restrictions
      5. Past, Present, and Future Medical Treatment
    6. Providing the Medical Report to Your Expert for Comment: Insights to Glean
    7. Common Mistakes in Obtaining and Using Medical Experts
  7. Insights on Imaging, Medical Records, EMGs, and Clinical Correlation

  8. Legal Ethics

    1. Attorney-Client Relationship
    2. Scope of Discovery
    3. Communication With Third Parties
    4. Client Communication
    5. Candor to the Court
    6. Fairness in Negotiations, Good Faith
    7. Conflicts of Interest

Who Should Attend

This legal guide is designed for attorneys. It will also benefit disability case representatives, workers' compensation specialists, veterans' advocates, and paralegals.

Speakers

Charles I Consagra
Charles I.
Consagra
Needle Law Firm
Meredith E Marcus
Meredith E.
Marcus
Osterhout Berger Daley, LLC
Susan T Peterson-Lerdahl
Susan T.
Peterson-Lerdahl
Henningson & Snoxell Ltd.
James J Randall Sr.
James J.
Randall, Sr.
Randall Masri & Randall PC
Dr. David Cooper
Dr. David
Cooper
The Knee Center
Speaker bio
Charles I Consagra

Charles I. Consagra

Needle Law Firm
Charles Consagra

is of counsel with Needle Law Firm, where he concentrates in the field of administrative law, with primary specialty in the areas of workers' compensation, unemployment compensation and Social Security. Since 1978, Mr. Consagra has been a part-time faculty member at Keystone College as an instructor in the areas of education, behavioral sciences, criminal justice and business law. He is an instructor in business for graduate students through Marywood University. Mr. Consagra earned his B.A. degree, magna cum laude, from the University of Scranton and his J.D. degree from Seton Hall University School of Law. He earned his Master of Arts degree in counseling psychology and his Master of Science degree in Ed from Marywood University. Mr. Consagra also holds a M.Div degree and Ph.D. degree (all but dissertations).

Speaker bio
Meredith E Marcus

Meredith E. Marcus

Osterhout Berger Daley, LLC
Meredith Marcus

is a partner with Osterhout Berger Daley LLC. She focuses her practice on Social Security disability law and federal and appeal court appeals in Social Security claims. Ms. Marcus received her undergraduate degree from Connecticut College and her J.D. degree from University of Illinois Chicago, graduating cum laude. She is a recognized as a Super Lawyer and Leading Lawyer. Ms. Marcus is the editor of Social Security Disability Practice by James Publishing. She is the prior chair for the Chicago Bar Association Social Security Committee and the prior director at large for the National Association of Disability Representatives (NADR). Ms. Marcus is admitted to practice in Illinois and Michigan. She is licensed in the U.S. Supreme Court; Sixth and Seventh U.S. Circuit Court of Appeals; district courts in Illinois, Indiana, Wisconsin and Michigan; and U.S. Court of Federal Claims. Ms. Marcus has litigated district court cases nationwide. She is a member of NADR and NOSSCR and has lectured for both organizations, as well as for the American Bar Association, Chicago Bar Association, Michigan Bar Association and National Business Institute.

Speaker bio
Susan T Peterson-Lerdahl

Susan T. Peterson-Lerdahl

Henningson & Snoxell Ltd.
Susan Peterson-Lerdahl

is a shareholder with Henningson & Snoxell Ltd. She is the chair of the firm's estate planning department and has years of experience counseling individuals and families in estate planning, elder law, probate and trust administration, as well as family business succession planning. Ms. Peterson-Lerdahl drafts wills and trusts, as well as other estate planning documents for our clients. She works with families on incapacity planning, guardianships and conservatorships, charitable gifting, asset protection planning, and medical assistance planning. Ms. Peterson-Lerdahl is also experienced in guiding her clients through contested probate and trust matters. She is a member of the Hennepin County Bar Association, Minnesota State Bar Association, National Academy of Elder Law Attorneys and Minnesota Women Lawyers. Ms. Peterson-Lerdahl earned her B.A. degree, magna cum laude, from St. Olaf College; her M.A. degree, summa cum laude, from the University of Nevada, Las Vegas; and her J.D. degree, summa cum laude, from William Mitchell College of Law.

Speaker bio
James J Randall Sr.

James J. Randall, Sr.

Randall Masri & Randall PC
James Randall

is a shareholder in the Monett law firm of Randall, Masri & Randall, P.C. He has practiced law for nearly 50 years. Mr. Randall's practice focuses on litigation, medical/legal issues, business transactions and estate planning. He is a former bankruptcy examiner for the U.S. Bankruptcy Court. Mr. Randall has lectured to attorneys, CPAs, insurance adjusters and medical personnel. He earned his A.B. degree from Rockhurst College and his J.D. degree from St. Louis University. Mr. Randall is a member of The Missouri Bar, and is admitted to practice before the U.S. District Courts of Missouri and Arkansas.

Speaker bio
Dr. David Cooper

Dr. David Cooper

The Knee Center
David Cooper

owns and operates The Knee Center in Wilkes-Barre, Pennsylvania. He is a graduate of Jefferson Medical College in Philadelphia and the Jefferson Orthopedic residency. Dr. Cooper entered private practice as a general orthopedic surgeon in Lansdale, Pennsylvania after serving our country for eight years as a U.S. Navy Reserve medical officer. For four years, Dr. Cooper performed all types of orthopedic surgery, including neck and low back laminectomies and fusions, along with extensive open and closed fracture care. In 1980, he was recruited by Geisinger to open the orthopedic department at the Geisinger Wyoming Valley Hospital in Wilkes-Barre, where he was one of the first orthopedic surgeons in the valley to introduce knee replacements and arthroscopic surgery. In 1981, Dr. Cooper opened The Knee Center in Wilkes-Barre to further specialize in the care and treatment of knee and lower extremity disorders. He has personally performed more than 6,000 arthroscopic surgeries, ligament repairs and knee replacements. In terms of actually performing surgeries as opposed to having interns and residents handle the cases, Dr. Cooper is one of the most experienced knee surgeons in the world, as well as being board-certified for life by the American Board of Orthopedic Surgery, the highest honor that any medical specialist practicing in the U.S. can obtain. As a sought after speaker by many national organizations, he has spoken at the national conferences of the American Bar Association and the Risk Insurance Management Society national meetings in New Orleans and Atlanta. Dr. Cooper is an adjunct professor at Binghamton University and Kings University. He is also a frequent guest lecturer at Binghamton University, Kings University and the University of Scranton. Dr. Cooper has been a private pilot for over 30 years, and enjoys flying his turbine Bonanza to conferences and lectures.

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