7 Colo. Code Regs. § 1105-1-9.105

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1105-1-9.105 - APPLICATION AND ELIGIBILITY

9.105.1Application [Eff. 3/17/17]

A. An applicant is an individual who has applied for DVR services. Authorized representatives shall be involved in pertinent issues in the same manner as the applicant or client. DVR shall provide assistance and/or accommodations throughout the application process.

Application criteria for vocational rehabilitation services:

1. An individual or, as appropriate, the individual's authorized representative, signs and dates DVR's application for services; and

2. The individual is available to complete the assessment process; and

3. Information necessary to initiate the eligibility determination process is provided.

9.105.2Eligibility [Rev. eff. 3/17/17]

A. DVR will work with each applicant to obtain existing records and documents, and when necessary, conduct additional assessments needed to determine eligibility. The length of time between application and eligibility shall not exceed sixty (60) calendar days unless a period of trial work experience is required or exceptional and unforeseen circumstances beyond the agency's control preclude determining eligibility within sixty calendar days and the counselor and applicant agree to a specific extension of time.

Eligibility criteria for vocational rehabilitation services requires that:

1. The individual has a physical or mental impairment documented by qualified personnel. For purposes of this eligibility criteria, DVR considers "qualified personnel" to be individuals or practitioners that are licensed and regulated by the Colorado Department of Regulatory Agencies to determine the existence of an impairment for their specific area of medical or psychological practice, or who otherwise meet established state or national licensing and certification requirements for that area of practice. In addition, the Social Security Administration and education officials responsible for the public education of students with disabilities are considered by DVR to be qualified personnel for this eligibility criterion;

2. The impairment constitutes or results in a substantial impediment to employment that is consistent with the individual's abilities and capabilities;

3. The individual requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice; and,

4. The Division of Vocational Rehabilitation (DVR) presumes that an applicant who meets all other eligibility criteria can benefit in terms of an employment outcome from the provision of vocational rehabilitation services. If DVR questions whether the individual's disability is too severe for them to benefit from services in terms of an employment outcome, clear and convincing evidence shall be obtained through the provision of trial work experiences.

B. Presumptive Eligibility

An applicant who is determined to be eligible for Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) benefits (based on their own disability, including blindness) is presumed to meet the eligibility requirements. Verification of eligibility for SSI/SSDI benefits is sufficient to establish that DVR eligibility criteria are met unless the presumption of benefit in terms of an employment outcome is questionable due to the severity of the disability(ies), which may require trial work experiences.

7 CCR 1105-1-9.105

40 CR 04, February 25, 2017, effective 3/17/2017

41 CR 05, March 10, 2018, effective 3/30/2018

42 CR 03, February 10, 2019, effective 3/2/2019

42 CR 17, September 10, 2019, effective 9/30/2019

43 CR 02, January 25, 2020, effective 3/1/2020

45 CR 21, November 10, 2022, effective 11/30/2022