32 Miss. Code. R. 21-1-1.1.3

Current through December 10, 2024
Section 32-21-1-1.1.3 - Timely Processing of Referrals, Applications and Services

The staff of MDRS shall process referrals and applications, determine eligibility or ineligibility for services, and provide services in a timely prompt and appropriate equitable manner. Vocational Rehabilitation staff should contact referred individuals within 14 days by telephone, letter, or personal visit. Good faith effort to inform individuals of application requirements, including the requirement that individuals who receive services under the program must intend to achieve an employment outcome, shall be made and a specific time and place to meet should be scheduled. Application forms are available statewide, including at One-Stop Centers established under Section 121 of the Workforce Investment Act of 1998. Evaluation and services are to be provided in the most integrated setting possible, consistent with the individual's needs and informed choice, without undue delay.

For purposes of determining eligibility within the 60 day federal requirement, an individual is considered to have submitted an application when the individual or their representative, as appropriate, (a) has completed and signed an agency application form or common intake form at a one-stop center or other outside source or has otherwise requested services from MDRS, (b) has provided to MDRS information necessary to initiate an assessment to determine eligibility and priority for services, and (c) is available to complete the application process.

The individual with disabilities shall be determined to be eligible or ineligible within a reasonable period of time, not to exceed 60 days after the individual has submitted an application to receive services unless:

1. the Agency notifies the individual that exceptional and unforeseen circumstances beyond the control of the Agency preclude the Agency from completing the determination within the prescribed time and the individual agrees that a specific extension of time is warranted; or,
2. unless the individual and the Agency agree to Trial Work Experiences.

As outlined in the Rehabilitation Act Amendments of 1998, to the maximum extent appropriate and consistent with the requirements under the Act, existing information available From other programs, particularly information used by educational officials and the Social Security Administration, and information provided by the individual with a disability or the individual's family, will be used in determining eligibility for vocational rehabilitation services, identifying rehabilitation needs, and developing Individualized Plan for Employment (IPE) goals, and services.

The Rehabilitation Act Amendments of 1998 established presumptive eligibility for disabled individuals who are recipients of Supplemental Security Income (SSI) or beneficiaries of Social Security Disability Insurance (SSDI) payments and who intend to achieve a specific employment outcome, (Section 102(a)(3) of the 1998 Rehabilitation Act Amendments) unless the Agency can prove by clear and convincing evidence documented in the case file that the applicant could not benefit from vocational rehabilitation services due to the severity of his or her disability.

32 Miss. Code. R. 21-1-1.1.3