Arkansas Administrative Code › Agency 172 - Department of Career Education › Rule 172.00.10-002 - Policy and Procedure Manual Revision

Current through Register Vol. 49, No. 6, June, 2024
III.
ELIGIBILITY OR INELIGIBILITY
  DETERMINATION
ARS has the sole responsibility for determining eligibility for VR
	 Services. The ARS Commissioner has delegated the responsibility of
	 determination of eligibility to the Counselor.
For all individuals applying for services, ARS will conduct an
	 assessment to determine eligibility and priority for services if the state is
	 operating under an Order of Selection.
	 34
	 C.F.R. §
									361.42 (a.)(2.)
Eligibility requirements will be applied in compliance with Titles VI
	 and VII of the Civil Rights Act, The Americans with Disabilities Act and
	 without regard to age, religion, disability, sex, race, color or national
	 origin. The eligibility requirements are applicable without regard to the
	 particular service need or anticipated cost of services required by an
	 applicant or the income level of an applicant or applicant's family.
	 Eligibility determination will be made within 60 days of the application date.
	 Exceptional and unforeseen circumstances beyond the control of ARS that prevent
	 the Agency from making an eligibility determination within 60 days will require
	 ARS and the individual to agree on a specific extension of time.
	 34
	 C.F.R. §
									361.42 (b.)(1-4)
Basic eligibility requirements are:
1. A determination that the individual has a
  physical or mental impairment defined as an injury, disease or other condition
  that results in persistent functional limitations: resulting from amputation,
  arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic
  fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia,
  respiratory or pulmonary dysfunction, mental retardation, mental illness,
  multiple sclerosis, muscular dystrophy, musculo-skeletal disorders,
  neurological disorders (including stroke and epilepsy), spinal cord conditions
  (including paraplegia and quadriplegia), sickle cell anemia, specific learning
  disability, end-stage renal disease, or another disability or combination of
  disabilities determined on the basis of an assessment for determining
  eligibility and vocational rehabilitation needs to cause comparable substantial
  functional limitation.
2. A
  determination that the individual's physical or mental impairment constitutes
  or results in a substantial impediment to employment for the individual. A
  substantial impediment to employment exists when the impairment and the
  resultant limitation: Prevent the individual from obtaining a job consistent
  with their abilities; significantly interfere with preparing for employment
  consistent with their abilities, need for special accommodations or technology
  to perform essential job duties or barriers to job retention; for example lost
  of job due to impairment or unable to perform essential job duties.
3. A presumption that the individual can
  benefit in terms of an employment outcome from the provision of VR services. An
  individual is presumed capable of achieving an employment outcome, unless
  documented with clear and convincing evidence is obtained documenting for
  example: the severity of the diagnosis would preclude not obtainable that
  employment cannot be obtained due to the severity of the individual's
  disability.
4. A determination that
  the individual requires VR services to prepare for entrance into, engage in, or
  retain gainful employment consistent with the individual's strengths,
  resources, priorities, concerns, abilities, capabilities and informed choice.
  34
  C.F.R. §
									361.42 (i.-iv.) An individual
  is expected to require multiple VR services that will have a substantial impact
  on the individual's disability and resultant functional limitations or reduce
  the impediment to employment to allow the applicant to prepare for, obtain,
  retain or regain employment consistent with the individual's capabilities and
  abilities and the individual services cannot access these services without VR
  intervention.
Each individual who meets the eligibility requirements is presumed to
	 be able to benefit from VR services in terms of an employment outcome, unless
	 determined, based on clear and convincing evidence, that the applicant is
	 incapable of benefiting in terms of an employment outcome due to the severity
	 of the disability. Clear and convincing evidence requires a high degree of
	 certainty in order to conclude the individual is incapable of benefiting from
	 services in terms of an employment outcome. The term clear means unequivocal.
	 Given this standard, the use of a standard intelligence test only, would not
	 constitute clear and convincing evidence. A functional assessment of the
	 individual's abilities, capabilities and capacity to perform work situations
	 through the use of trail work experience with appropriate supports and training
	 would assist in defining clear and convincing evidence.
PRESUMPTIVE ELIGIBILITY SSDI/SSI RECIPIENTS
Social Security Disability Income (SSDI) beneficiaries and Supplemental
	 Security Income (SSI) recipients are considered to be individuals with a
	 significant disability (Category II) and presumed eligible for VR services, if
	 the intent of the individual is to achieve an employment outcome. The
	 employment outcome must be consistent with the unique strengths, resources,
	 priorities, concerns, abilities, capabilities, interests and informed choice of
	 the individual. The Agency is responsible for informing individuals through the
	 application process that the individual must intend to achieve an employment
	 outcome in order to receive VR services. No additional tests or procedures may
	 be used to assess disability in order to determine eligibility.
Note: The individual who is presumed eligible as a recipient of
	 SSI/SSDI and who intends to achieve an employment outcome is eligible unless
	 clear and convincing evidence demonstrate that the individual is incapable of
	 benefiting from vocational services in terms of achieving an employment outcome
	 due to the severity of the disability.
Although an SSDI/SSI recipient is considered an individual with a
	 significant disability, presumptive eligibility for VR services does not
	 entitle the individual to priority for services over other individuals with
	 significant disabilities or most significant disabilities if the state is
	 operating under an Order of Selection.
If an applicant for VR services asserts that he or she is eligible for
	 Social Security benefits, but is unable to provide appropriate evidence, such
	 as an award letter, to support that assertion, ARS must verify the applicant's
	 eligibility by contacting the Social Security Administration. This verification
	 must be made within a reasonable period of time that enables ARS to determine
	 the applicant's eligibility for VR services within 60 days of the individual
	 submitting an application for services.
	 34
	 C.F.R. §
									361.42 (a.)(3.)
Note: Information in this section should not be construed to create
	 entitlement to any vocational rehabilitation service.
PROCEDURES - SSDI/SSI ELIGIBILITY
* The counselor will obtain verification of SSI/SSDI benefits and a
	 copy will be placed in the individual's file i.e. awards letter, benefit's
	 check, verification from Social Security Administration, or a verified/valid
	 Ticket.
*
Exception:
The counselor must document in the case
	 record the justification for completing a Certificate of Eligibility before
	 verification is obtained, (See procedures on page III-3.)
* Complete the Certificate of Eligibility for VR, Trial Work
	 Experience, or Extended Evaluation (EE) services. {Form RS-600-B (1) in
	 Appendix E) The certification statement for the Certificate of Eligibility is
	 "
This individual meets the presumptive eligibility requirement."
The area for limitations does not need to be completed.
* The counselor must be aware of the Ticket to Work Program. If the
	 Applicant is eligible under "presumptive eligibility", the counselor must
	 follow guidelines outlined in Ticket to Work in Appendix B (Special
	 Programs).
* The applicant can be scheduled for additional testing, or medical,
	 psychological, or psychiatric evaluation based on informed choice to determine
	 limitations if this information is needed in the development of the IPE.
* Also, the special program code 401 (SSDI), 600 (SSI) or 601(both)
	 Must be utilized for all individuals receiving Social Security benefits.
CERTIFICATION OF ELIGIBILITY
The counselor must include a formal certification statement signed and
	 dated by the ARS counselor in each individual's record of services indicating
	 eligibility for VR, Trial Work or EE services.
The Certificate of Eligibility must be completed simultaneously with an
	 individual's acceptance for VR services, Trial Work or EE. As a minimum, the
	 Certificate of Eligibility will contain the client's name, client's social
	 security number, date of eligibility, and a statement of mental or physical
	 impairment with resulting limitations.
COMPLETION OF PRELIMINARY DIAGNOSTIC STUDY
The counselor completes the preliminary diagnostic study when enough
	 information is obtained to write the Certificate of Eligibility or
	 Ineligibility.
PROCEDURES - CERTIFICATE OF ELIGIBILITY
* To determine functional limitations, priority should be given to
	 existing information.
* Complete the Certificate of Eligibility for VR, Trial Work
	 Experience, or Extended Evaluation services signed and dated by the counselor.
	 {Form RS-600-B (1)} (See Appendix E)
* The Certificate of Eligibility must be placed in the individual's
	 file. (See Section X)
* Case narratives should be made to reflect Status 10 (VR) or Status 06
	 (Trial Work Experience or Extended Evaluation). (See Appendix E)
* Key data for Status 10 (VR) or Status 06 (Trial Work Experience or
	 Extended Evaluation). (See the case management system.)
Note: Under presumptive eligibility, the Certificate of
	 Eligibility will be completed with documented verification that the consumer is
	 a recipient of SSI/SSDI benefits.
CERTIFICATION OF INELIGIBILITY
When clear and convincing evidence establishes that an applicant does
	 not meet the VR eligibility conditions or intervening reasons prevent
	 eligibility determination (i.e. applicant does not follow through with
	 assessment, individual physical, educational, or medical records unavailable,
	 applicant does not appear for scheduled appointments, for plan development,
	 etc.) the counselor must include a formal Certificate of Ineligibility in the
	 individual's record of services. This Certificate of Ineligibility will be
	 dated and signed by the counselor. The counselor will notify the applicant in
	 writing of the action taken, or by other appropriate modes of communication
	 consistent with the informed choice of the individual, including the reasons
	 for the ineligibility determination. When appropriate, referral will be made to
	 other agencies and programs that are part of the One-Stop service delivery
	 system under the Workforce Investment Act
. Note: For procedures see
	 Closure Section VIII.
APPEAL/INELIGIBILITY DETERMINATION
The individual may appeal the ineligibility determination. The
	 counselor will provide the individual with information on the means, by which
	 an appeal can occur, including informal and formal due process procedures, such
	 as administrative review, mediation and review by an impartial hearing officer.
	 The counselor will also provide the individual with information regarding
	 services available from the Client Assistance Program and how to contact the
	 Client Assistance Program. (See Due Process Section XIV)
	 34 C.F.R. §
									361.41
Note: An Annual Review is required on a case that has been closed
	 as incapable of achieving an employment outcome due to the severity of
	 disability. This review need not be conducted if the individual refuses to
	 participate, no longer resides in the state, or the whereabouts are unknown, or
	 the individual's medical condition is rapidly progressive or terminal.
	 34 C.F.R. §
										361.43(e)
ORDER OF SELECTION
Under the Vocational Rehabilitation Act (Title IV of the Workforce
	 Investment Act of 1998) certain state Vocational Rehabilitation agencies are
	 required to have an order of selection. An order of selection requires that a
	 priority be given to individuals with the most significant disabilities in the
	 provision of vocational rehabilitation services. The order of selection is
	 required in the event that the state is unable to provide the full range of
	 vocational rehabilitation services to all eligible individuals or, in the event
	 that vocational rehabilitation services cannot be provided to all eligible
	 individuals in the State who apply for the services. ARS has determined that
	 there are insufficient funds to provide services to all eligible individuals
	 within the State.
The ARS Order of Selection assures the highest priority in service
	 provision is reserved for eligible individuals with the most significant
	 disabilities. Services and expenditures are closely monitored to enable the ARS
	 Commissioner to close or open priority categories as deemed appropriate. This
	 will assure services are continued for cases determined eligible and receiving
	 services under an Individualized Plan for Employment. Adequate funds will be
	 reserved to provide diagnostic services for all applicants to determine
	 eligibility and category placement.
DESCRIPTION OF PRIORITY SELECTION
The Order of Selection priority categories, justification for each,
	 outcome and service goals are listed below:
ARS will provide services based on an Order of Selection on a statewide
	 basis. The ARS Order of Selection assures clients in Priority I and II will
	 have first priority for the provision of services. If funds become available,
	 individuals in Priority III may receive services.
Rehabilitation clients who have an Individualized Plan for Employment
	 (IPE) for vocational rehabilitation (VR) services or extended evaluation (EE)
	 services in place prior to the implementation of the Order of Selection policy
	 will receive services as recorded in their IPE.
Priority Category I - Most Significantly Disabled
An eligible individual with a most significant disability is defined as
	 one who has a significant physical or mental impairment which:
1) Seriously limits at least three functional
  capabilities (mobility, communication, self-care, self-direction, interpersonal
  skills, work tolerance, or work skills) in terms of employment
  outcome;
2) Whose vocational
  rehabilitation can be expected to require multiple VR services* over an
  extended period of time**; and
3)
  Who has one or more physical or mental disabilities as defined
  below***.
Priority Category II - Significantly Disabled
An eligible individual with a significant disability is defined as one
	 who has a significant physical or mental impairment which:
1) Seriously limits two functional capacity
  area (mobility, communication, self-care, self- direction, interpersonal
  skills, work tolerance, or work skills) in terms of employment
  outcome;
2) Whose vocational
  rehabilitation can be expected to require multiple VR services* over an
  extended period of time**; and
3)
  Who has one or more physical or mental disabilities as defined
  below***:
Priority Category III - Non-Significantly Disabled
An eligible individual with a non-significant disability is defined as
	 one who has a significant physical or mental impairment which:
1) Seriously limits one functional capacity
  area (mobility, communication, self-care, self- direction, interpersonal
  skills, work tolerance, or work skills) in terms of employment
  outcome;
2) Whose vocational
  rehabilitation can be expected to require multiple VR services* over an
  extended period of time**; and
3)
  Who has one or more physical or mental disabilities as defined below***:
Definitions:
* Two (2) or more major VR services, i.e. counseling and guidance,
	 assistive technology, physical or mental restoration, training, and
	 placement.
** 90 days or more from the date services are initiated.
*** One or more physical or mental disabilities resulting from:
	 amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy,
	 cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia,
	 respiratory or pulmonary dysfunction, mental retardation, mental illness,
	 multiple sclerosis, muscular dystrophy, musculo-skeletal disorders,
	 neurological disorders (including stroke and epilepsy), spinal cord conditions
	 (including paraplegia and quadriplegia), sickle cell anemia, specific learning
	 disability, end- stage renal disease, or another disability or combination of
	 disabilities determined on the basis of an assessment for determining
	 eligibility and vocational rehabilitation needs to cause comparable substantial
	 functional limitation.