32 Miss. Code. R. 10-5-5.3
Section 102(a)(3)(A) of the Act51 states that an individual who has been determined to have a disability, or to be blind pursuant to either Title II or Title XVI of the Social Security Act shall be:
* Considered to be an individual with a significant disability52 ; and
* Presumed to be eligible for VR services (provided the individual intends to achieve a specific employment outcome) unless the agency can demonstrate by clear and convincing evidence, documented in the service record, that the individual is incapable of benefiting in terms of an employment outcome due to the severity of his/her disability.
Thus, valid documentation from the Office of Disability Determination Services (DDS) or the Social Security Administration (SSA) is sufficient to show that an individual meets the first two (2) eligibility criteria.
However, if an individual asserts that he/she is eligible for SSI/SSDI but is unable to provide appropriate evidence, such as an award letter, to support that assertion, the counselor must verify the individual's eligibility under title II or title XVI of the Social Security Act via contact with the SSA. This verification must be made within a reasonable period of time that enables the counselor to determine the individual's eligibility for VR services within 60 calendar days of the date of application. 53 No additional tests or procedures are used to assess intent" of individuals who are SSI/SSDI recipients that would hinder timely access to VR services.
32 Miss. Code. R. 10-5-5.3