THE STATE VOCATIONAL REHABILITATION SERVICES PROGRAM
1. WHAT IS THE STATE VOCATIONAL REHABILITATION (VR) SERVICES PROGRAM?
Under the Rehabilitation Act of 1993, as amended, States receive federal grants to operate a comprehensive VR program. This State-operated program is designed to assess, plan, develop and provide VR services to eligible individuals with disabilities, consistent with their choice of services, interests, abilities, and resources. By providing services in this way, the VR program enables individuals with disabilities to prepare for, engage in, and maintain gainful employment.
2. WHO IS ELIGIBLE FOR VR SERVICES?
An eligible VR client must be an “individual with a disability” who requires VR services to prepare for, secure, retain, or regain employment.
3. WHAT DOES IT MEAN TO BE AN “INDIVIDUAL WITH A DISABILITY”?
An “individual with a disability” means any individual who:
☐ Has a physical or mental impairment which constitutes or results in a substantial impediment to employment for the individual.
☐ Can benefit from VR services to achieve an employment outcome.
4. IS ANYONE AUTOMATICALLY ELIGIBLE FOR VR SERVICES?
Individuals who receive Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) benefits are “presumed” to be automatically eligible for VR services, unless there is clear and convincing evidence that they are too severely disabled to benefit from VR services, which must be determined through a trial work period.
5. HOW DOES AN INDIVIDUAL APPLY FOR VR SERVICES?
The individual submits a written application to their local VR office and provides appropriate records and information to VR.
6. HOW DOES AN INDIVIDUAL RECEIVE VR SERVICES?
□ The VR agency decides eligibility within sixty (60) days of application, unless otherwise agreed.
☐ The VR agency assigns a VR counselor to each eligible individual.
☐ The counselor gathers as much information as possible about the individual’s work history, education and training, abilities and interests, rehabilitation needs, and possible career goals. In gathering the information, the counselor will first look to existing information, so it is important for an individual to bring copies of medical, educational and similar documentation.
☐ If existing information is not sufficient to determine whether the individual is eligible for VR services, then VR
will provide assessment services to gather the needed information.
☐ Based on the information gathered in this assessment phase of the VR process, an Individualized Plan for Employment (IPE) that identifies the individual’s desired employment outcome is developed.
☐ The VR agency may only provide those services preauthorized by VR and listed on the IPE. The State VR counselor provides some services directly to the eligible individual and arranges for other services from providers in the community.
7. WHAT IS AN INDIVIDUALIZED PLAN FOR EMPLOYMENT (IPE)?
The Individualized Plan for Employment or IPE is the document created by the individual and his/her VR counselor which describes the individual’s employment goals and the services VR will provide. The individual and his/her counselor will jointly develop, agree upon and sign the plan. It is essential that the IPE be designed to achieve an individual’s employment objective.
In developing the plan, the individual must:
□ Be given a choice in selecting, among other things, an employment outcome, needed VR services, and providers of those VR services.
□ Be given the option of developing the plan on his/her own or with the assistance of his/her VR counselor or anyone else the individual chooses.
□ Be given information in writing, as well as in an appropriate mode of communication, explaining the assistance available to the individual when developing the IPE and the full range of components that must be included in the IPE.
Items on the IPE may include:
□ Employment goals and objectives.
□ Intermediate objectives.
□ Criteria and evaluation procedures to determine if the goals are being met.
□ Specific services that will be provided.
□ Time lines in which the services will be provided.
□ Specific rehabilitation technology services to be provided.
□ Assessment for post employment services.
□ Post employment services.
□ The name of the program or agency that will provide your vocational services.
□ Specific on the job related services such as personal assistance services and
training and supervision of the personal assistant.
□ Client rights and information about the Client Assistance Program (CAP).
□ A statement by the individual about how he/she was informed about and involved in choosing goals, objectives, services, agencies providing the services, and any amendments that the counselor and the individual agree upon.
When completed, the IPE must be signed by the individual and the VR counselor. The IPE should be reviewed at least annually and the individual should receive a copy of the IPE and any amendments.
8. HOW DOES AN INDIVIDUAL RESOLVE A PROBLEM WITH A COUNSELOR?
□ Step 1: Attempt to resolve the problem by talking directly to your counselor.
□ Step 2: If step 1 is not successful, you can request to meet with the counselor and the regional manager.
□ Step 3: If step 2 is not successful and you feel that you can no longer continue to work with your counselor, you can make a request to the regional manager for a new counselor. This request must be made in writing.
At any step in the process, an individual may contact CAP for information and/or assistance.
9. WHAT ARE THE VR SERVICES AN ELIGIBLE INDIVIDUAL MAY RECEIVE?
VR services are those services that an eligible individual may need in order to achieve his/her employment outcome. These include, but are not limited to, the following:
☐ An assessment for determining eligibility and VR needs.
☐ Vocational counseling, guidance, and referral services.
☐ Physical and mental restoration services.
☐ Vocational and other training, including college tuition or on-the-job training.
☐ Maintenance for additional costs incurred while receiving certain VR services.
☐ Transportation related to other VR services.
☐ Interpreter services.
☐ Reader services.
☐ Services to assist students with disabilities to transition from school to work.
☐ Personal assistance services (including training in managing, supervising, and directing personal assistance services) while an individual is receiving VR services.
☐ Rehabilitation technology services and devices.
☐ Supported employment services.
☐ Job placement services.
10. DOES THE ELIGIBLE INDIVIDUAL HAVE TO PAY FOR VR SERVICES?
Based on the individual’s available financial resources, the State VR agency may require an eligible individual to help pay for services. However, the following services are available to all eligible individuals, regardless of their financial resources, without charge:
☐ Assessments to determine eligibility and VR needs.
☐ Some assistive technology services.
☐ Vocational counseling, guidance, and referral services.
☐ Job search and placement services.
11. WHAT ARE COMPARABLE SERVICES AND BENEFITS?
“Comparable services and benefits” are those services and benefits that are similar to the services and benefits provided by VR, but are paid for by a source or program other than VR. If comparable services and benefits exist and are available to the individual at the time he/she needs them, VR may not be required to provide or pay for them. One important exception is that VR can not require a student to apply for a student loan as a comparable benefit. In addition, the determination of the availability of comparable services and benefits by VR may not be used to interrupt or delay:
□ An individual’s progress toward achieving an employment outcome identified in the IPE.
□ An immediate job placement.
□ The provision of VR services to any individual determined to be at extreme medical risk, based on appropriate medical evidence.
12. DO INDIVIDUALS HAVE APPEAL RIGHTS WITH THE VR PROGRAM?
Yes. If an applicant for or recipient of the VR program is unhappy with a decision made by a VR employee, he/she may request a review of that decision. In Idaho, there are three methods for resolving a dispute:
□ Informal dispute resolution - - an informal review of your concerns by a Regional Manager of VR.
□ Mediation - - a voluntary meeting with a neutral third party who will help the individual to try to reach a compromise or agreement with the VR agency.
□ A Fair Hearing - - a formal review by an impartial hearing officer who hears the facts of the case and makes a decision.
An individual may choose to use one or more of these methods to resolve a dispute. If the individual chooses to do more than one, it is recommended that he/she proceed in the order that the options are listed. Time lines for filing any appeal should be discussed with the VR counselor or Client Assistance Program (CAP) representative.
13. WHAT IS THE CLIENT ASSISTANCE PROGRAM OR CAP?
CAP is a federal program that is available to assist qualified individuals in their relationships with VR by identifying, explaining, and resolving problems. If an applicant for or recipient of VR services is not satisfied with the services received or the decisions made by a VR counselor, CAP may be able to help resolve the dispute. In Idaho , the CAP is operated by Comprehensive Advocacy, Inc. (Co-Ad, Inc.) You may contact Co-Ad, Inc toll free at 1-866-262-3462.
14. WHERE CAN I GET MORE INFORMATION ABOUT THE VR AGENCY IN MY STATE?
Idaho has several VR offices throughout the state. For the office located nearest to you, look under “Vocational Rehabilitation” under “State Government” listings in the phone book or call1-800-856-2720.
A publication of the Client Assistance Program funded by the Rehabilitation Services Administration. Note: The information contained in this document is subject to change at any time. Please check current statutes and regulations for the most up-to-date laws on client’s rights in the VR system. Last revised: 3/16/04.