1. (a)

   1. (1) The primary purpose of determining eligibility for VR services is to identify applicants of the VR program with visual disabilities who require VR services to prepare for, secure, retain, advance in, or regain employment.

   2. (2)

      1. (A) There are three (3) criteria for determining an individual’s eligibility for VR services that a consumer must meet.
      2. (B) See 25 CAR § 2-402(e).
   3. (3) This process is designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice so that they may prepare for and engage in competitive integrated employment and achieve economic self-sufficiency.

2. (b)

   1. (1) An eligibility decision can only be made by a vocational rehabilitation counselor, subject to review, as needed, by the counselor’s supervisor or the Director of the Division of State Services for the Blind.
   2. (2) During the first twelve (12) months of a VR counselor’s employment, the counselor must have his or her supervisor’s approval before he or she can certify Division of State Services for the Blind applicants eligible for services.
   3. (3) The supervisor should review the visual acuity report and applicable assessments used to determine eligibility and provide written approval of the VR counselor’s determination (either in a narrative or email) for certifying the applicant eligible.

3. (c)

   1. (1) The vocational rehabilitation counselor shall determine eligibility for services within a reasonable period of time, not to exceed sixty (60) days of receiving a signed application.
   2. (2) Any exceptions to the sixty-day timeline require a formal Eligibility Extension.
   3. (3) See 25 CAR § 2-402(d).

4. (d) Individuals to be served. To receive VR services from the division, an individual must be classified as having one (1) of the following that results in a substantial impediment to employment at the time of eligibility:

   1. (1)

      1. (A) Total blindness.
      2. (B) Any permanent visual condition resulting in total loss of vision;

   2. (2)

      1. (A) Legal blindness.
      2. (B) Any visual condition resulting in either:

5. (i) A visual acuity for distance vision in the best eye with the best correction of 20/200 or less; or

   1. (ii) The widest diameter of visual field subtending an angle of less than twenty (20) degrees; or

   2. (3)

      1. (A) Visual impairment.

      2. (B) Having either of the following:

         1. (i)
6. (a) (a) Visual acuity of 20/50 in the best eye after correction that is progressive.

7. (b) (b) “Progressive” means a visual condition that is more likely than not to result in legal blindness; or

   1. (ii) Imminent danger that the individual may become totally or legally blind within six (6) months as documented by a physician who is skilled in diseases of the eye.

8. (e) Assessment for determining eligibility.

   1. (1)

      1. (A) To the maximum extent possible, the comprehensive assessment for determining eligibility will be based on a review of existing data, including the vocational rehabilitation counselor’s observations.

      2. (B) Information should be obtained from:

         1. (i) Other programs and providers, such as:
9. (a) (a) Educational institutions;

10. (b) (b) The Social Security Administration;

    1. (c) (c) Physicians; and

       1. (d) (d) Hospitals; and

          1. (ii) Information provided by the individual or members of their family.
    2. (2) When existing data is not current or are unavailable, insufficient, or inappropriate to make an eligibility determination, additional data must be obtained.
    3. (3) In the event the individual is determined ineligible based on the fact the applicant does not have a physical or mental impairment that results in a substantial impediment to employment that requires VR services to prepare for, secure, retain, advance in, or regain employment that is consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interest, and informed choice, supporting documentation must be included in the case file.

    4. (4)

       1. (A) Documentation may include an eye report that shows the individual does not meet the visual criteria.
       2. (B) This determination must be thoroughly documented in AWARE.
       3. (C) See 25 CAR § 2-404(a).

Codification Notes: “VR” means vocational rehabilitation.