32 Miss. Code. R. 21-5-5.5.1
A case closed as ineligible due to the severity of the applicant's disability must have been provided Trial Work Experiences in order to produce clear and convincing evidence documented in the case file supporting that judgment. Trial Work Experiences are not required in those limited circumstances when the applicant cannot take advantage of such experience. Trial Work Experiences are explorations of an individual's abilities, capabilities, and capacity to perform in work situations, through the use of Trial Work Experiences provided in the most integrated setting possible consistent with the informed choice and rehabilitation needs of the individual, including experiences in which an individual is provided appropriate supports and training. Staff will explore an individual's ability to perform in real work situations through Trial Work Experiences including supported employment, on-the-job training, or other experiences using realistic work settings.
Such experiences shall be of sufficient variety and over a sufficient length of time to determine the eligibility of the individual or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability of the individual. Clear and convincing evidence must be determined on a case-by-case basis, constitutes the highest standard used in our civil system of law, and requires that staff have a high degree of certainty before concluding that an individual is incapable of benefiting from services in terms of an employment outcome. Thus, the review of existing information still would not provide clear and convincing evidence, meaning that, for example, the use of an intelligence test result alone would not constitute clear and convincing evidence. On the other hand, clear and convincing evidence could include a description of assessments, including situational assessments and supported employment assessments, from service providers who have concluded that they would be unable to meet the individual's needs due to the severity of the individual's disability. Also, a demonstration of clear and convincing evidence requires that the Agency explore the applicant's abilities, capabilities, and capacity to perform in work situations and provide appropriate supports.
The counselor will initiate a Trial Work Experiences Plan that must be agreed upon and signed by the counselor and the client or, as appropriate, the client's representative. The individual's progress during the Trial Work Experiences will be assessed no less often than every 30 days during the trial work period.
An individual may not be determined to be ineligible for vocational rehabilitation services due to the unavailability of trial work settings since an inability to find suitable trial work would not constitute clear and convincing evidence that the individual cannot benefit from VR services in terms of an employment outcome.
Under limited circumstances if an individual cannot take advantage of Trial Work Experiences or if options for Trial Work Experiences have been exhausted before the Agency is able to make determinations of whether an individual may benefit from rehabilitation services, MDRS must conduct an Extended Evaluation to make these determinations. During the Extended Evaluation period, vocational rehabilitation services must be provided in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual. During the Extended Evaluation period, the Agency must develop a written plan for providing services necessary to make the determination. During the Extended Evaluation period, the Agency provides only those services that are necessary to make the determinations and terminates Extended Evaluation services when the Agency is able to make the determinations.
32 Miss. Code. R. 21-5-5.5.1