1. (a) DRS bases eligibility for vocational rehabilitation (VR) services on the following requirements only.

2. (b) Within 60 days of application, DRS must:

   1. (1) determine that the applicant has a physical or mental impairment;
   2. (2) determine that the impairment constitutes or results in a substantial impediment to employment for the applicant;
   3. (3) establish that the applicant requires VR services to prepare for, enter, engage in, or retain gainful employment consistent with the applicant's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and
   4. (4) presume that the applicant is capable of achieving an employment outcome, unless there is a demonstration by clear and convincing evidence in extended evaluation that the applicant is incapable of achieving an employment outcome because of the severity of the applicant's disability.
3. (c) Social Security disability recipients and beneficiaries are presumed eligible for VR services, unless there is a demonstration by clear and convincing evidence in extended evaluation that the applicant is incapable of achieving an employment outcome because of the severity of the applicant's disability.

Source Note:The provisions of this §856.20 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773.