Criteria for Eligibility for VR Services

1
The Basic Public Vocational Rehabilitation
Process
Presented by Cheryl Bates-Harris and David Hutt,
NDRN
2
Congressional Findings

• Work is valuable for everyone
• Individuals w/ disabilities experience staggering
  levels of unemployment
• Individuals with disabilities have demonstrated
  ability to achieve gainful employment
• Provision of workforce investment activities and
  VR services can enable individuals with
  disabilities to pursue meaningful careers.

3
State VR Program

• Each State and Territory of the United States has
  a public VR system designed to assess, plan,
  develop and provide VR services to eligible
  individuals with disabilities, consistent with
  their strengths, resources, priorities, concerns,
  abilities, capabilities, interests and informed
  choice.

4
Policy of the United States

• That Individuals with Disabilities be provided
  the opportunities to obtain gainful employment in
  INTEGRATED settings.
• Individuals are to be ACTIVE and FULL partners in
  the VR process making meaningful and informed
  choices.

5
Referral

• A referral is defined as any individual who has
  applied to or been referred to the VR agency by
  letter, by telephone, by direct contact, or by
  any other means, and for whom the following
  minimum information has been furnished (1) name
  and address, (2) disability, (3) age and sex, (4)
  date of referral, and (5) source of referral.

6
Applicant

• As soon as the referred individual signs a
  document requesting vocational rehabilitation
  services, the person is designated as an
  applicant.
• There is no residency requirement other than the
  individual be present in the state.
• Eligibility must determined within 60 days unless
  there are unusual or unforeseen circumstance.

7
Criteria for Eligibility for VR Services

• 1) Physical or Mental Impairment which is a
  substantial impediment to employment.
• 2) Individual needs Vocational Rehabilitation
  services to prepare for, secure, retain, or
  regain employment.
• 3) Individual can benefit from Vocational
  Rehabilitation services (this is presumed).

8
Criteria for Eligibility for VR Services
(continued)

• Special Rule for Social Security Disability
  (SSDI) and Supplement Security Income (SSI)
• SSDI and SSI Recipients are . . .
• Presumed to have a physical or mental impairment
  which is a substantial impediment to employment
  (criteria 1).
• Presumed to need vocational rehabilitation
  services to prepare for, secure, retain, or
  regain employment (criteria 2).

9
Eligibility for VR Services - Order of Selections

• If a state VR agency cannot provide the
  full-range of VR services to eligible
  individuals, the agency may establish an order of
  priority.
• The order of priority developed by the state VR
  agency must be based on the severity of the
  disability, such that the most significantly
  disabled are provided VR services first.

10
Eligibility for VR Services - Order of
Selections (continued)

• The state criteria for who is considered most
  significantly disabled must follow general
  federal requirements.
• The criteria may not be based on
• The type of disability.
• The anticipated costs or the type of VR services
  an individual may need.
• Individual characteristics such as age, race,
  etc.
• The type of employment the individual may seek.
• The income of the individual, or his or her
  family.

11
Determination Cannot Benefit From VR Services

• If an individual meets the other criteria for
  eligibility (criteria 1 and 2), he or she is
  presumed to be able to benefit from VR services
  (criteria 3).
• The state VR agency can overcome this presumption
  by showing by clear and convincing evidence the
  individual could not become employed even with VR
  services.

12
Determination Cannot Benefit From VR Services
(continued)

• The state VR agency must do the following to
  overcome the presumption
• Conduct realistic trial work experiences with the
  individual to assess his or her abilities,
  capabilities, and capacities to work.
• In some cases, VR must conduct an extended
  evaluation to see if the individual can benefit
  from VR services by providing those services to
  determine if the services will help.

13
After Eligibility the Individualized Plan for
Employment (IPE)

• Critical document that outlines the individuals
  employment goal and the services the state VR
  agency will provide.
• The IPE is not a contract (there is no
  entitlement to state VR services), but the
  document may have significant weight if
  disagreements occur.

14
Individualized Plan for Employment (continued)

• Components of the IPE
• An employment outcome or goal what the
  individual wants to do.
• Services required to achieve the goal and those
  services the VR agency will provide.
• VR and the individual eligible for services must
  both agree on 1 and 2, and sign the IPE.

15
Individualized Plan for Employment the
Employment Outcome (continued)

• The employment outcome must be based on the
  unique strengths, resources, priorities,
  concerns, abilities, capabilities, interests, and
  informed choice of the individual.
• In other words, the outcome must be
  individualized.

16
Individualized Plan for Employment the
Employment Outcome (continued)

• What if the individual does not know what type of
  employment they want?
• The VR agency must conduct an assessment to
  determine the strengths, resources, priorities,
  concerns, abilities, capabilities, and
  interests of the individual.

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Individualized Plan for Employment (continued)

• Be provided in the native language or mode of
  communication of the individual.
• Be reviewed (at least) on an annual basis by the
  individual and a qualified rehabilitation
  counselor, and if necessary, amended if there are
  substantive changes in the employment outcome,
  the services to be provided, or the service
  providers.

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What Services Can the VR Agency Pay For?

• Any service necessary to assist in preparing
  for, securing, retaining, or regaining an
  employment outcome that is consistent with the
  strengths, resources, priorities, concerns,
  abilities, capabilities, interests, and informed
  choice of the individual
• Each VR agency has established procedures related
  to the authorization of services

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What are Some Specific Services?

• Assessments to determine eligibility and needs
• Counseling, guidance, and job placement services
• Training, and purchase of tools, materials, and
  books
• Maintenance for costs incurred during
  rehabilitation

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Services (continued)

• Diagnosis and treatment of physical or mental
  impairments to reduce or eliminate impediments to
  employment when comparable benefits are not
  available. These may include
• Corrective surgery
• Therapeutic treatment
• Prosthetic and orthotic devices
• Eyeglasses and visual services
• Diagnosis and treatment for mental or emotional
  disorders

21
Services (continued)

• Transportation including training, vehicle
  modification and/or purchase
• Personal assistance services while receiving VR
  services
• Interpreter services, readers, rehab teaching OM
  services
• Occupational licenses, tools, equipment, initial
  stocks and supplies

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Services (continued)

• Technical assistance for self employment
• Rehabilitation technology
• Transition services for students with
  disabilities
• Supported employment
• Services to family members to assist a person
  with disability achieve an employment outcome
• Post-employment services necessary to assist an
  individual to retain, regain, or ADVANCE in
  employment. (PD 97-04)

23
Financial Need Criteria

• Generally There is no requirement that a state
  consider financial need when providing VR
  services.
• However, if a state VR agency chooses to
  establish a financial needs test, it must
  establish written policies which govern the
  determination of financial need and identify the
  specific VR services that will be subject to the
  financial needs test.

24
Comparable Services Benefits

• Comparable services and benefits means services
  that are provided or paid for in part or whole by
  other Federal, state, or local agencies and are
  available to the individual at the time needed to
  further the progress of the individual toward
  achieving his/her identified employment outcome.
  

25
Comparable services benefits

• VR is considered payer of last resort
• if another agency refuses to provide service, VR
  is responsible for obtaining those services
  pending resolution with that agency
• Specific language prevents VR from paying for
  higher education until maximum efforts have been
  made to secure grant assistance from other
  sources

26
The Employment Outcome

• The emphasis of the VR agency must be on
  integrated employment.
• Employment in a sheltered workshop may be an
  employment goal, but it must be the informed
  choice of the individual and consistent with the
  abilities of the individual.
• The setting needs to be included in the IPE.

27
If Circumstances Change Changes to the IPE

• Change the IPE including the employment or
  services to be provided by VR.
• Any changes must be signed by both the individual
  and the state VR agency.

28
If Problems or Disagreements Occur

• Disagreements can occur over
• Determination one is not eligible for services.
• Order of Selection category.
• Employment outcome/goal.
• Services the VR agency will provide.
• Closure of VR case.
• Other issues.

29
If Problems or Disagreements Occur (continued)

• Free services available to assist with resolving
  disagreement with VR available in every state and
  territory
• Client Assistance Program (CAP) - available to
  all applicants for and eligible recipients of VR
  services.
• Protection and Advocacy for Beneficiaries of
  Social Security (PABSS) available to
  beneficiaries of SSDI and recipients of SSI who
  face barriers to employment, including problems
  obtaining VR services.

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The Required Process When A Disagreement Occurs

• Informal review of the problem with the VR agency
  (voluntary)
• Negotiation/Mediation (voluntary)
• Administrative Hearing
• Must request within a time period set by each
  state.
• Hearing must be held within 60 days of request
  unless everyone agrees to extend.
• Decision must be made within 30 days of the
  closing of the hearing.
• Review in Federal or State Court

31
The Required Process When A Disagreement Occurs
(continued)

• Most disagreements do not go to an administrative
  hearing and even fewer go to federal or state
  court.
• The CAP program attempts to settle disagreement
  through meeting and negotiations with VR, though
  ultimately the individual decides whether to
  accept or reject any agreement.

32
Whats Next?

• Ready for employment - Clients have completed
  preparation for employment and are ready to
  accept a job but have not yet been placed
• In employment - clients have been begun
  employment and will be monitored for 90 days to
  ensure adequacy of employment in accordance with
  the needs and limitations of the individual.
• Post employment services are available if needed.

33
Questions??

• Contact your local CAP agency.
• Information can be found at http//www.ndrn.org/a
  boutus/PA_CAP.htm
• Thank you all for joining us!