1. a) Any individual with a disability is presumed to be able to benefit from VR services and to be capable of achieving a successful employment outcome. This presumption shall continue unless DHS-DRS can demonstrate through clear and convincing evidence that the individual is incapable of benefiting from VR services and becoming successfully employed.
2. b) Prior to the determination that the individual is incapable of benefiting from VR services because of the significance of the disability, the individual must be provided a period of trial work pursuant to 89 Ill. Adm. Code 553.31.

(Source: Amended at 31 Ill. Reg. 12589, effective August 16, 2007)