12-152 C.M.R. ch. 1, § 4 - APPLICATION AND ELIGIBILITY

1. Application for DVR Services

An applicant is anyone who signs a dated application or dated document requesting services. Any individual who applies for services shall undergo an assessment for determining eligibility, with the individual notified in writing of the results. Applicants will receive written notification of appeals rights, including the name and address of the person with whom an appeal may be filed, and the availability of the Client Assistance Program.

2. Eligibility Criteria

An individual is eligible for DVR services if the individual:

A. has a physical or mental impairment which, for the individual, constitutes or results in a substantial impediment to employment Note: Substantial impediment to employment means that a physical or mental impairment that hinders an individual from preparing for, engaging in, or retaining employment consistent with the individual's abilities and capabilities and,

B. requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Required VR services must be necessary to overcome disability related barriers. Lack of resources by itself does not constitute a disability related barrier.

3. Presumption of Benefit

It shall be presumed the individual can benefit in terms of an employment outcome from vocational rehabilitation services, unless the DVR counselor can demonstrate by clear and convincing evidence that such individual is incapable of benefiting from vocational rehabilitation services due to the severity of the disability of the individual.

4. Timeframe for Making an Eligibility Determination

Eligibility for DVR services shall be determined within a reasonable period of time, not to exceed sixty (60) days after the application for services has been received, unless the applicant is notified in writing of the following:

A. that exceptional and unforeseen circumstances beyond control of the counselor preclude the counselor from completing the determination within the prescribed timeframe, and the applicant agrees that a specific extension of time is warranted; or

B. that trial work experiences are necessary to determine if the individual is capable of benefiting, in terms of an employment outcome, from vocational rehabilitation services.

5. Trial Work Experiences

Before making a determination that an individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services, the VR counselor shall explore the individual's abilities, capabilities, and capacity to perform in realistic work situations, through a written plan of trial work experiences with appropriate supports provided, except under limited circumstances when an individual cannot take advantage of such experiences. Trial work experiences shall be of sufficient variety and over a sufficient period of time to determine the eligibility of the individual, or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services due to the severity of the disability of the individual.

6. Presumption of Eligibility for SSI Recipients and SSDI Beneficiaries

Individuals who are SSI recipients or SSDI beneficiaries, based on a disability, shall be:

A. considered to be an individual with a significant disability;

B. presumed to be eligible for vocational rehabilitation services, provided the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, unless the VR counselor can demonstrate, by clear and convincing evidence, that the individual is incapable of benefiting due to the severity of the disability of the individual. A dated application or a dated document requesting services is sufficient evidence of the individual's intent to achieve an employment outcome and no additional tests or procedures shall be used to assess this intent.

C. If an applicant for vocational rehabilitation services states that he or she is eligible for Social Security benefits under Title II or Title XVI of the Social Security Act (and therefore is presumed eligible for vocational rehabilitation services), but is unable to provide evidence, such as an award letter, to support that assertion, the VR counselor must verify the applicant's eligibility under Title II or Title XVI of the Social Security Act by contacting the Social Security Administration. This verification must be made within a reasonable period of time that enables the VR counselor to determine the applicant's eligibility for vocational rehabilitation services within 60 days of the individual submitting an application for services.

7. Use of Existing Information

To the maximum extent appropriate, the eligibility determination shall be based on existing and current information, including information available from other programs and providers, particularly information from schools and Social Security Administration, and information provided by the individual and the family.

8. Ineligibility

In all cases where the counselor determines that an applicant for, or recipient of, vocational rehabilitation services does not meet the requirements for eligibility, the case record must include a certification of ineligibility, dated and signed by the counselor, which documents the reasons for the ineligibility determination. Ineligibility decisions concerning the severity of a disability must be based on clear and convincing evidence, and require the counselor to explore the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences. (See Section 10)

9. Potentially Eligible Students with Disabilities

DVR may provide pre-employment transition services to students with disabilities who are potentially eligible for vocational rehabilitation services. A student with a disabilityis a student between the ages of 14 (9^th grade) and not older than 21 who is enrolled in a secondary, postsecondary, or other recognized educational program and who is eligible for and receiving special education services or is an individual with a disability for the purposes of Section 504. Interested students may request pre-employment transition services by completing and signing a Pre-Employment Transition Services Registration Form. For students who are under age 18 or not their own guardians, the form must be signed by a parent/guardian.

Notes

12-152 C.M.R. ch. 1, § 4