Non-Testifying Expert Consulting
Non-Testifying Expert Consulting provides confidential, behind-the-scenes support to attorneys, insurers, employers, and families who need clear, functional interpretation of complex disability- and work-related information—without retaining a testifying expert.
This service is consultative by design. The focus is on analysis, synthesis, and strategic clarity rather than court-facing opinions. Work can be structured to support case preparation, claims review, settlement strategy, or return-to-work planning while maintaining clear professional boundaries.
What the service involves
Non-Testifying Expert Consulting is typically completed in structured phases:
Referral clarification and scope definition
We begin by clarifying who is retaining the service, the purpose of the consultation (e.g., claims review, litigation support, return-to-work planning), and the intended use of any work product. Scope is defined to ensure the consultation remains advisory and non-testifying.
Records review and organization
Relevant materials are reviewed and organized to identify what the records do (and do not) support. Depending on the matter, records may include:
Vocational evaluations and rehabilitation documentation
Functional capacity information and work restrictions (records-based)
Employment history, job descriptions, and job demands information
Medical and psychological summaries (records only)
Claim file materials (STD/LTD, workers’ compensation, SSD/SSI)
Educational/transition records when disability impacts school-to-work planning
Prior expert reports, declarations, or affidavits (for content consistency, not credibility)
Functional analysis and issue-spotting
The consultation focuses on practical, defensible questions such as:
What functional abilities and limitations are described, and how consistently?
Are conclusions supported by observable data, or are key details missing?
What are the real-world implications for work capacity, job match, or employability?
Where do records conflict, and what clarification would be most useful?
What additional evaluation may (or may not) be necessary before retaining a testifying expert?
Consultation and synthesis
Findings are delivered in a format matched to the retaining party’s needs. This may include verbal consultation, strategy sessions, or a written summary prepared for informational use.
Common contexts for this service
Non-Testifying Expert Consulting is often used in matters involving: - Social Security Disability (SSDI/SSI) case preparation and records synthesis - Workers’ compensation and return-to-work planning - Short-term and long-term disability claims (STD/LTD) - Insurance and employability-related disputes - Vocational rehabilitation planning and case strategy - Family law matters where disability and functional work capacity are relevant - Employer initiatives focused on job match, accommodations, and sustainable return-to-work.
What you receive
Deliverables are flexible and can be tailored to preserve confidentiality. Depending on the matter, deliverables may include: - Consultation calls or strategy sessions - Functional records summaries - Issue-spotting and clarification outlines - Confidential consulting memoranda (when requested).
When written products are requested, they are prepared for informational and strategic use—not for filing or testimony.
What this service does not do
To maintain clear professional boundaries and the non-testifying nature of the work, this service does not: - Testify or act as an expert witness - Provide opinions intended for court submission - Make legal determinations or offer legal advice - Provide medical or psychological diagnoses - Replace treating providers or forensic/testifying experts.
Who benefits from Non-Testifying Expert Consulting
This service may be helpful for: - Attorneys who need behind-the-scenes vocational/functional analysis to strengthen case strategy - Claims professionals and insurers seeking clear interpretation of functional and vocational records - Employers and HR/RTW teams evaluating job demands, restrictions, and sustainable return-to-work options - Families seeking clarity about work capacity, supports, and realistic planning in disability-related matters.
Non-Testifying Expert Consulting brings structure to complex records and competing narratives—helping the retaining party make informed decisions based on functional, work-relevant information while keeping the engagement consultative and non-testifying.
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