Workforce Services, Department of

Vocational Rehabilitation - General

Chapter 2: Application and Eligibility

Effective Date: 08/10/2010 to Current

Rule Type: Current Rules & Regulations

Reference Number: 053.0023.2.08102010

CHAPTER 2 APPLICATION AND ELIGIBILITY

Section 1. Application.

(a) All applicants, that is, any persons who have completed and signed DVR's application form, shall be evaluated to determine eligibility using existing information.

(b) Additional information will be obtained in order to determine eligibility, if necessary.

(c) After necessary medical/psychological information is obtained, the counselor shall certify in writing that he or she has determined that:

(i) the applicant is eligible for vocational rehabilitation services, or

(ii) the applicant is ineligible for vocational rehabilitation services, or

(iii) trial work experiences are necessary to determine vocational rehabilitation eligibility.

(d) Evaluation of an applicant shall be made without regard to sex, race, age, creed, color, or national origin of the individual applying for services.

(e) All applicants shall be informed of their rights, orally and in writing at the time of application. This explanation shall include, but not necessarily be limited to the following:

(i) the client's records are confidential;

(ii) an explanation of the methods of obtaining and releasing client information, including the necessity of client consent;

(iii) the availability of and methods of requesting administrative review and a fair hearing;

(iv) the availability of assistance through the Client Assistance Program.

Section 2. Evaluation.

(a) A comprehensive assessment of rehabilitation needs (CARN) shall be completed for each applicant, including any reports of specialists or consultants in cases where such reports are appropriate to include:

(i) physical/mental impairments;

(ii) physical/mental factors;

(iii) strengths and resources;

(iv) career interests;

(v) rationale for selection of vocational goal.

Section 3. Eligibility.

(a) Before an individual with a disability is accepted for vocational rehabilitation services, DVR must certify that the individual has met the basic eligibility requirements.

Section 4. Eligibility for Independent Living Services.

(a) An evaluation shall be conducted of each person with a significant disability who applies for independent living services. This evaluation is limited to that information necessary to determine eligibility and to determine what independent living services are needed. The evaluation shall use relevant case record materials available from other agencies. A special diagnostic study is conducted only if already available information is not complete, relevant, or current.

(b) The evaluation must be sufficient in scope to determine which services will best meet the current and future needs of the individual for functioning more independently in family or community, or engaging or continuing in employment.

(c) To determine an individual eligible for independent living services:

(i) the individual must have a significant physical or mental disability;

(ii) the disability must present limitations to the individual's ability to function independently or to engage or continue in employment; and

(iii) there must be reasonable expectations that independent living rehabilitation services will significantly assist the individual to improve his or her ability to function independently in family or community or to engage or continue in employment. For the purpose of determining an individual's eligibility for independent living services, improvement in ability to function independently in family or community refers to a demonstration in functional and behavioral terms of an individual's greater independence or maintenance of independence in such areas as self-care, activities of daily living, driving using public transportation, shopping, housekeeping, communicating, or living more independently.

Section 5. Eligibility for Supported Employment.

(a) Eligibility for supported employment is limited to individuals with the most significant disabilities who are certified to be eligible for vocational rehabilitation services. The certificate of eligibility must be signed and dated by the counselor.

(b) Eligibility for supported employment services also requires that an assessment of rehabilitation needs of the individual, including an evaluation of rehabilitation, career and job needs, identifies supported employment as the appropriate rehabilitation objective for the individual.

Section 6. Extended Service Providers.

(a) An entity other than DVR must be the provider of extended services for supported employment that are necessary to sustain the individual in employment after rehabilitation and closure of service by DVR.