218 R.I. Code R. 218-RICR-50-00-1.6

Current through December 3, 2024

Section 218-RICR-50-00-1.6 - GENERAL ELIGIBILITY REQUIREMENTS

A. For an applicant to be found eligible for the VR Program, the following requirements must be met in accordance with 34 C.F.R. § 361.42, incorporated above:

1. Applicant has a physical/emotional/intellectual impairment which constitutes or results in a substantial impediment to employment; and

2. The individual has functional limitations that are a barrier to competitive, integrated employment, and/or the individual is on SSI and/or SSDI (verified by counselor), and is presumed to be eligible for vocational rehabilitation services as long as the individual intends to achieve an employment outcome; and

3. Applicant requires and can benefit from vocational rehabilitation services to prepare for, secure, retain, regain, or advance in competitive integrated employment that is consistent with their unique strengths, resources, capabilities, interest and informed choice; and

4. The individual is presumed to be able to benefit in terms of an employment outcome in an integrated, competitive setting, from vocational rehabilitation services;

5. The applicant's completion of the application process for vocational rehabilitation services, is sufficient evidence of the individual's intent to achieve an employment outcome, and no additional demonstration on the part of the applicant is required; or

6. Applicant who has been determined eligible for Social Security disability benefits under Title II or XVI of the Social Security Act (42 U.S.C. § 423et seq.) is presumed eligible for vocational rehabilitation services, providing that the individual intends to achieve an employment outcome, and can benefit from vocational rehabilitation services in terms of a competitive integrated employment outcome, and submits verified SSI and/or SSDI benefits documentation.

B. An applicant will be ineligible for the VR Program if any of the following is applicable:

1. The individual does not have an impairment which constitutes a substantial impediment to employment; or

2. The individual is on SSI and/or SSDI, but does not intend to achieve an employment outcome; or

3. The individual does not need vocational rehabilitation services to become employed; or

4. The individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome due to severity of the individual's functional limitations based on clear and convincing evidence based on trial work experience.

C. An applicants' eligibility will be determined within sixty (60) days of receipt of a signed and completed application. In making an eligibility determination, ORS will:

1. Utilize existing information to determine eligibility, including counselor observation, previous employment and training, education records, third-party records, information provided by the individual or the individuals' family, Social Security Administration, and officials of other agencies;

2. Presume individuals with a disability can benefit from vocational rehabilitation services in terms of an employment outcome unless clear and convincing evidence demonstrates otherwise;

3. Conduct a Trial Work Experience for individuals with significant disabilities when information and observations are unable to determine if the individual will benefit in obtaining a competitive integrated employment outcome from vocational rehabilitation services. Prior to any determination that an individual with a disability is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome because of the severity of that individual's disability, ORS must conduct an exploration of the individuals' abilities, capabilities, and capacity to perform in realistic work situations to determine whether or not there is clear and convincing evidence to support a determination that they are unable.

a. ORS must develop a written plan to assess the individual's abilities, capabilities, and capacity to perform in competitive, integrated work situations to the maximum extent possible, consistent with the informed choice and rehabilitation needs of the individual.

b. Trial work experiences may include supported employment, community-based work experiences, and other experiences using realistic integrated work settings, and must be of sufficient variety over a sufficient period of time to determine if individual is incapable of benefitting from vocational rehabilitation services in terms of a competitive integrated employment outcome.

c. ORS must provide appropriate supports, including, but not limited to assistive technology and personal assistance services, to accommodate the rehabilitation needs of the individual during trial work experiences.

D. Determination of eligibility need not be conducted if the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and ORS has made a reasonable number of attempts to contact the applicant, or if appropriate the applicant's representative, to encourage the applicant's participation.

218 R.I. Code R. 218-RICR-50-00-1.6

Amended effective 6/4/2023