Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.51 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Clear and convincing evidence" means
				  there is a high degree of certainty that the individual is incapable of
				  benefiting from services in terms of an employment outcome.
(b) The "Client Assistance Program" or the
				  "CAP" means the program under the rehabilitation act of 1973,
				  29 USC
				  732. The CAP provides assistance in informing
				  and advising all applicants and individuals eligible for vocational
				  rehabilitation services of all available benefits under the rehabilitation act
				  of 1973, 29 USC
				  701 to 7961 . Upon request of such applicants
				  or eligible individuals, the CAP assists and advocates for such applicants or
				  eligible individuals in their relationships with projects, programs, and
				  services provided under the rehabilitation act of 1973,
				  29 USC
				  701 to 7961, including assistance and
				  advocacy in pursuing legal, administrative, or other appropriate remedies to
				  ensure the protection of the rights of such individuals under the
				  rehabilitation act of 1973, 29 USC 701 to 7961 and to
				  facilitate access to the services funded under the rehabilitation act of 1973,
				  29 USC
				  701 to 7961 through individual and systemic
				  advocacy.
(c) "Comparable services
				  and benefits" means services and benefits, not including awards and
				  scholarships based on merit, that are provided or paid for, in whole, or in
				  part, by other federal, state, or local public agencies, by health insurance,
				  or by employee benefits that are available to the individual at the time needed
				  to ensure the progress of the individual toward achieving the employment
				  outcome in the individual's IPE and that are commensurate to the services the
				  individual would otherwise receive from MRS.
(d) "Competitive integrated employment" means
				  work that complies with the following:
(i) Is
				  performed on a full-time or part-time basis, including self-employment, and for
				  which an individual is compensated at a rate that includes all of the
				  following:
(A) Is not less than the higher of
				  the rate specified in section 6(a)(1) of the fair labor standards act of 1938,
				  29 USC
				  206 or the rate required under the applicable
				  state or local minimum wage law for the place of employment.
(B) Is not less than the customary rate paid
				  by the employer for the same or similar work performed by other employees who
				  are not individuals with disabilities and who are similarly situated in similar
				  occupations by the same employer and who have similar training, experience, and
				  skills.
(C) In the case of an
				  individual who is self-employed, yields an income that is comparable to the
				  income received by other individuals who are not individuals with disabilities
				  and who are self-employed in similar occupations or on similar tasks and who
				  have similar training, experience, and skills.
(D) Is eligible for the level of benefits
				  provided to other employees.