1. (a)

   1. (1) Social Security Disability Insurance beneficiaries and Supplemental Security Income recipients are considered to be individuals with a significant disability (Category II) and presumed eligible for VR services, if the intent of the individual is to achieve an employment outcome.
   2. (2) The employment outcome must be consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual.
   3. (3) The agency is responsible for informing individuals through the application process that the individual must intend to achieve an employment outcome in order to receive VR services.
   4. (4) No additional tests or procedures may be used to assess disability in order to determine eligibility.
2. (b) Note. The individual who is presumed eligible as a recipient of Supplemental Security Income/Social Security Disability Insurance and who intends to achieve an employment outcome is eligible unless clear and convincing evidence demonstrates that the individual is incapable of benefiting from vocational services in terms of achieving an employment outcome due to the severity of the disability.
3. (c) Although a Social Security Disability Insurance/Supplemental Security Income recipient is considered an individual with a significant disability, presumptive eligibility for VR services does not entitle the individual to priority for services over other individuals with significant disabilities or most significant disabilities if the state is operating under an order of selection.

4. (d)

   1. (1) If an applicant for VR services asserts that he or she is eligible for Social Security benefits, the client must provide appropriate evidence, i.e., award letter, benefit check, verification from Social Security Administration.
   2. (2) This verification must be made within a reasonable period of time that enables Arkansas Rehabilitation Services to determine the applicant’s eligibility for VR services within sixty (60) days of the individual submitting an application for services.
   3. (3) 34 C.F.R. § 361.42(a)(3).
5. (e) Note. Information in this section should not be construed to create entitlement to any vocational rehabilitation service.

6. (f) Procedures — Social Security Disability Insurance/Supplemental Security Income eligibility.

   1. (1) The counselor will obtain verification of Supplemental Security Income/Social Security Disability Insurance benefits, and it will be attached to the ECF, i.e., award letter, benefit check, verification from Social Security Administration.

   2. (2) Exception.

      1. (A) The counselor must document in the case record the justification for completing a Certificate of Eligibility/Ineligibility before verification is obtained.
      2. (B) See 20 CAR § 835-304(b).

   3. (3)

      1. (A) Complete the Certificate of Eligibility/Ineligibility for VR or trial work experience.
      2. (B) See Appendix E.
      3. (C) The certification statement for the Certificate of Eligibility/Ineligibility is “This individual meets the presumptive eligibility requirement.”
      4. (D) Three (3) areas of functional limitations should be included on the Certificate of Eligibility.

   4. (4)

      1. (A) The counselor must be aware of the Ticket to Work program.
      2. (B) If the applicant is eligible under presumptive eligibility, the counselor must follow guidelines outlined in Ticket to Work in Appendix B, Special Programs.
   5. (5) The applicant can be scheduled for additional testing or medical, psychological, or psychiatric evaluation based on informed choice to determine functional limitations if this information is needed in the development of the IPE.

Codification Notes: “ECF” means electronic case file. "IPE" means individualized plan for employment. "VR" means vocational rehabilitation.