Eligibility Determination

1. Eligibility Determination Presented by: Wayne Dagel, MS, CRC 2012

2. 34CFR 361.42 Assessment for determining eligibility and priority for services • The designated State unit (121 TVR) must conduct an assessment for determining eligibility and priority for services. The assessment must be conducted in the most integrated setting possible, consistent with the individual’s needs and informed choice, and in accordance with the following provisions:

3. Basic Requirements The determination of eligibility for VR services must be based solely on the following: i) A determination by qualified personnel that the applicant has a physical or mental impairment.

4. Requirements Continued ii) A determination by qualified personnel that the applicant’s physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant.

5. Requirements Continued iii) A determination by a qualified VR counselor employed by the designated State unit (121 TVR) that the applicant requires VR 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.

6. Presumption of benefit The designated State unit (121 TVR) must presume that an applicant who meets the eligibility requirements in paragraphs (a)(1)(i) and (ii) of this section can benefit in terms of an employment outcome unless it demonstrates, based on clear and convincing evidence, that the applicant is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the applicant’s disability.

7. Presumptive Eligibility for SSA recipients & beneficiaries • Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act. • Presumed eligible for vocational rehabilitation services under paragraphs (a)(1) and (2) of this section; and • Considered an individual with a significant disability as defined in 34 CFR 361.5(b)(31).

8. Continued (ii) If an applicant for vocational rehabilitation services asserts that he or she is eligible for Social Security benefits under Title II or Title XVI of the Social Security Act, but is unable to provide appropriate evidence, such as an award letter, to support that assertion, the State unit (121 TVR) must verify the applicant’s eligibility under Title II or Title XVI of the Social Security Act by contacting the Social Security Administration.

9. Continued This verification must be made within a reasonable period of time that enables the State unit (121 TVR) to determine the applicant’s eligibility for vocational rehabilitation services within 60 days of the individual submitting an application for services in accordance with 34CFR 361.41(b)(2).

10. Eligibility in my words Now that we’ve gotten through the Rehab Act’s version, here is my understandable version: 1) The individual is required to have a documented diagnosis from a qualified provider.

11. Eligibility in my words • The disability must cause/create a substantial impediment to employment. • The individual must require VR services to prepare for, secure, and retain suitable employment.

12. Process of determining eligibility The counselor receives the medical documentation from the providers and reviews the documentation looking for any impediments and/or limitations from the diagnosed disability.

13. Process of determining eligibility The counselor then determines if the substantial impediment (s) to employment require VR services to prepare for, secure, or retain employment. Many of the TVR programs have counselor working with Bachelor Degrees, this will be strongly discouraged more and more. The push for Master level counselors is getting more common.

14. Process of determining eligibility There are three questions you can ask yourself as you determine eligibility: • Does this person have a diagnosed disability?

15. Process of determining eligibility • Does this person have any disability related impediments to preparing for, getting, keeping or advancing in employment that is compatible with his/her strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice?

16. Process of determining eligibility • Does the person require services to prepare for, get, keep, or advance in a job that is compatible with his/her strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice?

17. Example of Eligibility Formula Because of (disability), (client name) experiences (functional limitations), which causes an impediment to employment, as is required to perform the functions of a (specific job duty).

18. Continued (Client name) requires (services) to prepare for, get, and keep a job that is compatible with (his/her) unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

19. Implementing the information: Case Studies Everyone gather around cause here we go!!! Split up into groups and review the case studies.

20. 34CFR 361.44 Closure without Eligibility VR counselors may not close an applicant’s case prior to making eligibility determination, UNLESS: • Applicant declines to participate • Applicant is unavailable to complete an assessment to determine eligibility and priority of services; and • The agency has made a reasonable number of attempts to contact the applicant to encourage participation.

21. QUESTIONS????