Title: Criteria for Eligibility for VR Services
1The Basic Public Vocational Rehabilitation
Process
Presented by Cheryl Bates-Harris and David Hutt,
NDRN
2Congressional 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.
3State 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.
4Policy 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.
5Referral
- 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.
6Applicant
- 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.
7Criteria 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).
8Criteria 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).
9Eligibility 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.
10Eligibility 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.
11Determination 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.
12Determination 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.
13After 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.
14Individualized 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.
15Individualized 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.
16Individualized 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.
17Individualized 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.
18What 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
19What 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
20Services (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
21Services (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
22Services (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)
23Financial 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.
24Comparable 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.
25Comparable 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
26The 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.
27If 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.
28If 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.
29If 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.
30The 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
31The 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.
32Whats 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.
33Questions??
- 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!