103.1In order to determine whether a person is eligible for vocational rehabilitation services and the person's priority under an order of selection (if the District is operating under an order of selection pursuant to section 126 of this chapter), the Rehabilitation Services Administration shall conduct an assessment for determining eligibility and priority of services. The assessment shall be conducted in the most integrated setting possible, consistent with the person's needs and informed choice, and in accordance with this section.
103.2 The Rehabilitation Services Administration shall base an applicant's eligibility for vocational rehabilitation services only on the following basic requirements:
(a) A determination by qualified personnel that the applicant has a physical or mental impairment;(b) 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;(c) A determination by a qualified vocational rehabilitation counselor employed by the Rehabilitation Services Administration that the applicant requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and(d) A presumption, in accordance with subsection 103.3 of this section, that the applicant can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.103.3The Rehabilitation Services Administration shall presume that an applicant who meets the eligibility requirements in subsections 103.2(a) and (b) of this section can benefit in terms of an employment outcome unless the Rehabilitation Services Administration 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.
103.4The Rehabilitation Services Administration may presume an applicant eligible for services based on the following:
(a) Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act shall be:(1) Presumed eligible for vocational rehabilitation services pursuant to subsections 103.2 and 103.3 of this chapter; and(2) Considered an individual with a significant disability as defined in section 199, and(b) 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 (and, therefore, is presumed eligible for vocational rehabilitation services under subsection 103.4(a) of this section), but is unable to provide appropriate evidence, such as an award letter, to support that assertion, the Rehabilitation Services Administration shall verify the applicant's eligibility under Title II or Title XVI of the Social Security Act by contacting the Social Security Administration. This verification shall be made within a reasonable period of time that enables the Rehabilitation Services Administration to determine the applicant's eligibility for vocational rehabilitation services within sixty (60) days of the person submitting an application for services in accordance with subsection 102.1.103.5The Rehabilitation Services Administration shall ensure that an eligible person, including a person whose eligibility for vocational rehabilitation services is based on the person being eligible for Social Security benefits under Title II or Title XVI of the Social Security Act, intends to achieve an employment outcome that is consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, by:
(a) Informing persons, through its application process for vocational rehabilitation services, that persons who receive services under the program must intend to achieve an employment outcome, and(b) Considering that the applicant's completion of the application process for vocational rehabilitation services is sufficient evidence of the person's intent to achieve an employment outcome, and that no additional demonstration on the part of the applicant is required for purposes of satisfying subsection 103.5(a) of this section.103.6 Nothing in this section, including subsection 103.4, shall be construed to create an entitlement to any vocational rehabilitation service.
103.7 The Rehabilitation Services Administration may initiate the provision of vocational rehabilitation services for an applicant on the basis of an interim determination of eligibility prior to the sixty (60) day period described in subsection 102.1.
103.8When making an interim determination of eligibility, the Rehabilitation Services Administration shall:
(a) Obtain written approval from the State Director of the Rehabilitation Services Administration or his or her designee;(b) Document in the person's records the criteria and conditions for making the determination; and(c) Document in the person's records the scope of services that may be provided pending the final determination of eligibility.103.9When providing services based on an interim determination of eligibility, the Rehabilitation Services Administration shall make a final determination of eligibility within sixty (60) days of the person submitting an application for services in accordance with subsection 102.1.
103.10 When determining eligibility under this section, the Rehabilitation Services Administration shall ensure that no applicant is excluded or found ineligible solely on the basis of the type of disability, and that the eligibility requirements are applied without regard to the race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, source of income, place of residence or business, type of expected employment outcome, source of referral for vocational rehabilitation services, income level of an applicant or applicant's family, applicants' employment history or current employment status, and applicants' educational status or current educational credentials.
103.11Except as provided in subsection 103.12 of this section, the Rehabilitation Services Administration must base its determination of each of the basic eligibility requirements in subsection 103.2 of this section on:
(a) A review and assessment of existing data, including counselor observations, education records, information provided by the person or the person's family, particularly information used by education officials, and determinations made by officials of other agencies; and(b) To the extent existing data do not describe the current functioning of the person or are unavailable, insufficient, or inappropriate to make an eligibility determination, an assessment of additional data resulting from the provision of vocational rehabilitation services, including trial work experiences, assistive technology devices and services, personal assistance services, and any other support services that are necessary to determine whether a person is eligible.103.12The Rehabilitation Services Administration shall base its presumption under subsection 103.4 of this section, that an applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act satisfies each of the basic eligibility requirements in subsection 103.2 of this section, on determinations made by the Social Security Administration.
103.13 Prior to any determination that a person with a disability is unable to benefit from vocational rehabilitation services in terms of an employment outcome because of the severity of that person's disability and that the person is ineligible for vocational rehabilitation services, the Rehabilitation Services Administration shall:
(a) Conduct an exploration of the person's abilities, capabilities, and capacity to perform in realistic work situations to determine whether or not there is clear and convincing evidence to support such a determination;(b) Develop a written plan to assess periodically the person's abilities, capabilities, and capacity to perform in competitive integrated work situations through the use of trial work experiences, which shall:(1) Be provided in competitive integrated employment settings to the maximum extent possible, consistent with the informed choice and rehabilitation needs of the person;(2) Include supported employment, on-the-job training and other experiences using realistic integrated work settings;(3) Be of sufficient variety and over a sufficient period of time for the Rehabilitation Services Administration to determine that:(A) There is sufficient evidence to conclude that the person can benefit from the provision of vocational rehabilitation services in terms of an employment outcome; or(B) There is clear and convincing evidence that the person is unable to benefit from vocational rehabilitation services in terms of an employment outcome due to the severity of the person's disability; and(4) Provide appropriate supports, including, but not limited to, assistive technology devices and services and personal assistance services, to accommodate the rehabilitation needs of the person during the trial work experiences.103.14 The Rehabilitation Services Administration shall not impose, as part of determining eligibility under this section, a duration of residence requirement that excludes from services any applicant who is present in the District of Columbia.D.C. Mun. Regs. tit. 29, r. 29-103
Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003); Final Rulemaking published at 68 DCR 12929 (12/10/2021)