1. (a) Introduction.

   1. (1)

      1. (A) The VR counselor has the responsibility for determining an individual's:

2. (i) Eligibility for VR services;

   1. (ii) Need for a trial work period; or

      1. (iii) Ineligibility for VR services.
      2. (B) An eligibility decision may be subject to review by the counselor’s supervisor or the Director of the Division of State Services for the Blind.

   2. (2) VR eligibility is decided in accordance with the three (3) criteria in 34 C.F.R. § 361.42(a):

      1. (A) A determination by qualified personnel that the applicant has a physical or mental impairment;
      2. (B) The determination that the impairment results in a substantial impediment to employment for the applicant; and

      3. (C) A determination by a qualified VR counselor that the applicant requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with their:

         1. (i) Unique strengths;
         2. (ii) Resources;
         3. (iii) Priorities;
         4. (iv) Concerns;
         5. (v) Abilities;
         6. (vi) Capabilities;
         7. (vii) Interests; and
         8. (viii) Informed choice.

3. (b) Documenting eligibility and functional limitations.

   1. (1)

      1. (A) Division of State Services for the Blind staff must obtain a medical eye or optometric examination report or Social Security verification to determine eligibility.
      2. (B) Staff must also obtain all other relevant medical and mental health documentation to complete a comprehensive assessment.

   2. (2) The case record must contain, as applicable:

      1. (A) All assessment information used to determine eligibility and priority for services, including medical and mental health records;
      2. (B) A copy of the eligibility letter that includes the individual’s appeal rights;
      3. (C) A written extension for eligibility determination that is signed by the individual;
      4. (D) A copy of the ineligibility letter; and

      5. (E)

         1. (i) Eligibility Determination Narrative.
         2. (ii) See subsection (l) of this section.

   3. (3) When documenting an eligibility decision, the following items must be done before a determination is complete:

      1. (A) Enter disability into AWARE with documentation included;

      2. (B)

         1. (i) Complete the Disability Priority and Eligibility Determination Data pages in AWARE.
         2. (ii) Print and sign the Eligibility Determination page.
         3. (iii) A copy should be scanned into the file and a copy given to the consumer;
      3. (C) Eye report must be uploaded into AWARE;
      4. (D) All other medical and psychological information used in the determination of eligibility uploaded into AWARE (e.g., Social Security benefits letter, psychological evaluation); and

      5. (E) Signed copy of the Eligibility Notification Letter uploaded into AWARE.

         1. (c) Notification.
   4. (1) The counselor will notify the applicant by letter when he or she has been determined either eligible or ineligible for services.

   5. (2)

      1. (A) If an applicant is determined eligible for services, they must also be notified of their Disability Priority Category and how to appeal this placement when an order of selection has been implemented.
      2. (B) See 25 CAR § 2-501(g).
   6. (3) Once an eligibility determination has been made the VR counselor will complete the Eligibility Determination Data page in AWARE.
   7. (4) The counselor must then print and sign the certificate, giving a copy to the consumer and scanning a copy back into AWARE.

   8. (5) The date on the Eligibility Certificate, Eligibility Letter, and Eligibility Determination Data page in AWARE must match to ensure accurate reporting to the United States Rehabilitation Services Administration.

      1. (d) Eligibility timeline.
   9. (1) Eligibility determinations for either active VR services or for a trial work period (see subsection (f) of this section) must be made within sixty (60) calendar days after the consumer has applied for VR services.
   10. (2) Exceptions can only occur if the consumer is notified in writing that exceptional and unforeseen circumstances beyond the agency's control prevent making a determination within the prescribed sixty-day timeframe, and the consumer agrees that the extension of time is necessary.
   11. (3) This notification must include a timeframe for completion of eligibility determination as well as the reason for the extension request.
   12. (4) The determination of need for this exception must be made within forty-five (45) calendar days after application for VR services and requires approval by the VR counselor’s area manager.
   13. (5) The consumer must sign the request for extension, which is then scanned into AWARE and included in the case file.

4. (e) Eligibility criteria for VR services.

   1. (1)

      1. (A) It is important to remember that individuals are not eligible based on a diagnosis alone.

      2. (B) The division counselor will need to:

         1. (i) Assess what the impact of their disability is to that particular individual;
         2. (ii) Determine whether or not the disability creates a substantial impediment to employment for that individual based on their occupational goals; and
         3. (iii) Determine whether the individual will require VR services to obtain or retain employment.

   2. (2) When determining eligibility, the VR counselor is responsible for ensuring that the applicant meets all three (3) eligibility criteria:

      1. (A)

         1. (i) The individual has a visual impairment that for such individual constitutes, or results in, a substantial impediment to employment and meets the division’s criteria stated in 25 CAR § 2-401(d).
         2. (ii) A substantial impediment refers to a consequence of a physical or mental impairment (in conjunction with medical, psychological, vocational, educational, and other related factors) that impedes an individual’s occupational performance by preventing or making extremely difficult obtaining, retaining, advancing in, or preparing for employment consistent with the individual’s capacities and abilities;

      2. (B)

         1. (i) The individual can benefit in terms of an employment outcome from vocational rehabilitation services.
         2. (ii)
5. (a) (a) The vocational rehabilitation counselor will presume the individual can benefit from the provision of vocational rehabilitation services in terms of competitive integrated employment, unless clear and convincing evidence demonstrates the individual is incapable of benefiting in terms of an employment outcome.

6. (b) (b) Prior to any determination that an individual is incapable of benefiting because of the severity of the individual’s impairment, the consumer must be given the opportunity to participate in trial work experience.

   1. (c) (c) See subsection (f) of this section; and

      1. (C)

         1. (i) The individual requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment.
         2. (ii)
7. (a) (a) Vocational rehabilitation services are required when an individual needs the specialized services offered by the vocational rehabilitation program in order to prepare, secure, retain, regain, or advance in employment. Individuals must have the intention of entering employment at the end of their rehabilitation process.

8. (b) (b) Individuals who intend to enter noncompetitive or nonintegrated employment are not eligible for vocational rehabilitation services.

   1. (3) A consumer can be closed with a "disability too severe" only if there is clear and convincing evidence that the individual is not capable of an employment outcome.

   2. (4)

      1. (A) There must be evidence that establishes such a conclusion with a high degree of certainty.

      2. (B)

         1. (i) This determination is made only after conducting exploration of the individual’s abilities, capabilities, and capacity to perform in realistic work situations through trial work experiences.
         2. (ii) See subsection (f) of this section.
      3. (C) Supported employment services must also be considered.

   3. (5)

      1. (A) Clear and convincing evidence may include assessments from service providers who provide documentation of why they would be unable to meet the needs of the consumer due to the severity of their disability.
      2. (B) This evidence must include the assessments from real life settings with any necessary supports provided to the consumer.

9. (f) Trial work experience.

   1. (1) The purpose of a trial work experience is to determine if there is clear and convincing evidence that an individual cannot benefit from VR services in terms of an employment outcome due to the severity of the individual’s disability.
   2. (2) If the counselor has reason to doubt that the consumer can benefit from VR services, the consumer should be provided with a trial work experience of sufficient variety in a competitive integrated employment setting to the maximum extent possible, consistent with the informed choice and rehabilitation needs of the individual.

   3. (3) Trial work experiences can include:

      1. (A) Supported employment;
      2. (B) On-the-job training; and
      3. (C) Other experiences using realistic integrated work settings.

   4. (4) Trial work experiences must be of sufficient variety and period of time to determine that there is:

      1. (A) Sufficient evidence to conclude that the individual can benefit from services in terms of competitive integrated employment; or
      2. (B) Clear and convincing evidence that the individual is incapable of benefiting from services in terms of a competitive, integrated employment outcome due to the severity of the individual's disability.

   5. (5)

      1. (A) The agency must provide appropriate supports, including, but not limited to, assistive technology devices and services and personal assistance services, to accommodate the rehabilitation needs of the individual during the trial work experiences.

      2. (B)

         1. (i) The consumer’s progress must be monitored using a comprehensive assessment at least every thirty (30) days to ensure the consumer is making sufficient progress and to determine if any additional supports are necessary.
         2. (ii) See 25 CAR § 2-401(e).

10. (g) Presumed eligibility.

    1. (1)

       1. (A)

          1. (i) Individuals are presumed eligible for VR services if, based on their own visual impairment, they are Social Security Disability Insurance beneficiaries under Title II or Supplemental Security Income recipients under Title XVI, and they meet the division’s criteria stated in 25 CAR § 2-401(d).
          2. (ii) See 34 C.F.R. § 361.42(a)(1) and (a)(2).

       2. (B)

          1. (i) They are also considered individuals with a significant disability.
          2. (ii) See 25 CAR § 2-501(e).
       3. (C) Any applicant’s assertion of eligibility for Social Security benefits under Title II (Social Security Disability Insurance) or Title XVI (Supplemental Security Income) of the Social Security Act, 42 U.S.C. § 301 et seq., must be verified before presumption of eligibility may be applied.
       4. (D) However, should the applicant be unable to produce this information, eligibility may move forward using the standard process while attempts are made to obtain verification.
    2. (2) Applicants who are presumed eligible based upon their Social Security benefits must still intend to achieve an employment outcome to be eligible for VR services.
    3. (3) Although Social Security Disability Insurance beneficiaries and Supplemental Security Income recipients are presumed to be eligible for VR services, the presumption of their benefit from VR services in terms of an employment outcome can be rebutted based on clear and convincing evidence.
    4. (4) This evidence must show that the individual is incapable of benefiting from VR services in terms of an employment outcome due to the severity of the individual’s disability.
    5. (5) The required “clear and convincing evidence” must be produced through the provision of trial work experiences.
    6. (6) See subsection (f) of this section.

11. (h) Residency.

    1. (1) In accordance with 34 C.F.R. § 361.42(c)(1), the division must not impose, as part of determining eligibility, a duration of residence requirement that excludes an applicant who is present in the state from receipt of VR services.
    2. (2) The division may not require the applicant to demonstrate a presence in the state through the production of any documentation that under state or local law, or practical circumstance, results in a de facto duration of residence requirement.

    3. (3) The other conditions of eligibility required by policy must be met.

       1. (i) Dual caseloads.
    4. (1) The June 11, 2012, Technical Assistance Circular 12-04, Provision of Vocational Rehabilitation Services to An Individual by More Than One Agency, clarifies that an individual may receive vocational rehabilitation services from more than one (1) VR agency simultaneously, including those in different states, when appropriate, and in accordance with the implementation of an order of selection, as applicable, in each state.
    5. (2) In this way, the individual can receive the services that best support his or her vocational needs and the achievement of an employment outcome.
    6. (3) The consumer must disclose that he or she is receiving VR services in another state, so the counselors handling the case can coordinate benefits and avoid duplication of services.

    7. (4) Examples might include:

       1. (A) Student from one (1) state attending college in another state;
       2. (B) Students from other states attending World Services for the Blind; or
       3. (C) Consumers living in one (1) state and working in another.

12. (j) Eligibility and order of selection.

    1. (1) Eligibility for VR services and the individual’s priority for VR services must be determined prior to applying an order of selection for receipt of services.
    2. (2) Refer to Order of Selection, 25 CAR § 2-501 et seq., for additional information.

13. (k) Nondiscrimination. In determining eligibility, the division will ensure that eligibility requirements are applied without regard to:

    1. (1) Age, sex, race, color, or national origin;
    2. (2) Type of expected employment outcome;
    3. (3) Source of referral;
    4. (4) Particular service needs or anticipated cost of services;
    5. (5) Income level of the applicant or their family;
    6. (6) Applicant’s employment history or current employment status; or

    7. (7) Applicant’s educational status or current educational credential.

       1. (l) Eligibility Determination Narrative.

    8. (1)

       1. (A) The Eligibility Determination Narrative documents the eligibility determination for the case and the reasons for the determination.
       2. (B) A summary of the visual report and any additional medical or psychological reports as necessary will be included in this narrative, including the functional skills assessment.

       3. (C)

          1. (i) This information should be provided to directly address the consumer’s eligibility based on the three (3) eligibility criteria.
          2. (ii) See subsection (e) of this section.
       4. (D) A consumer must meet all three (3) criteria to be determined eligible.

    9. (2)

       1. (A) The narrative should include confirmation that all necessary documentation has been completed and placed in the case file.

       2. (B) This includes the:

          1. (i) Eligibility notification letter;
          2. (ii) Signed eligibility determination page (for eligible consumers); and
          3. (iii) Functional skills assessment.
       3. (C) Additionally, this narrative must address any concerns with determining a vocational goal or scope of services for the consumer and what steps will be taken to address these prior to the development of the individualized plan for employment.

Codification Notes: “VR” means vocational rehabilitation.