Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 5 - ELIGIBILITY › Section 32-21-5-5.4 - Determination of Eligibility › Section 32-21-5-5.4.1 - Determining If the Applicant Is an Individual With a Disability

Current through June 25, 2024
To be an individual with a disability, an applicant must be:
1. an individual who has a
				  physical or mental impairment which for that individual constitutes or results
				  in a substantial impediment to employment; and,
2. who requires, in terms of an employment
				  outcome, specific vocational rehabilitation services.
The 1998 Amendments have created two presumptions to
					 facilitate the process of determining whether an applicant is an individual
					 with a disability.
Section 102(a)(3)(A)
of
the 1998
					 Rehabilitation Act Amendments
states that an individual who has been
					 determined to have a disability, or to be statutorily blind pursuant to either
					 Title II or Title XVI of the Social Security Act shall be considered:
1. to be an individual with a significant
				  disability under
Section 7(21)(A)
of the
1998
				  Rehabilitation Act Amendments
; and,
2. presumed to be eligible for vocational
				  rehabilitation services under this title (provided that the individual
intends
to achieve a specific employment outcome
				  consistent with the unique strengths, resources, priorities, concerns,
				  abilities, capabilities, career interests, and informed choice of the
				  individual) unless the Agency involved can demonstrate by clear and convincing
				  evidence documented in the case file that such individual is incapable of
				  benefiting in terms of an employment outcome from specific vocational
				  rehabilitation services due to the severity of the disability of the
				  individual.
Thus, valid documentation from the Office of Disability
					 Determination Services or the Social Security Administration is sufficient to
					 show that an applicant meets the first part of the definition of an individual
					 with a disability. No additional tests or procedures are used to assess
					 "intent" of applicants who are allowed SSDI beneficiaries and SSI recipients
					 that would hinder speedy access to vocational rehabilitation services.
Section 102(a)(4)
of the
1998
					 Rehabilitation Act Amendments
creates a presumption that
					 determinations of the existence of a disability, made by officials of other
					 agencies, may be presumed to satisfy one or more factors leading to the
					 determination that an individual is an individual with a disability or an
					 individual with a significant disability as defined in the 1998 Amendments.
					 "Other agencies" include but are not limited to:
*
State Department of Education -
					 determinations of special
*
education status i.e., learning
					 disabilities, and the like;
*
State Department of Mental Health - mental
					 illness or
*
retardation;
*
Workmen's Compensation Commission - findings
					 of disability;
*
Medicare/Medicaid - findings of
					 disability;
*
personal physicians - medical
					 histories;
*
advocates and advocacy groups;
*
referring agencies; and,
*
documentation from any entity that includes
					 findings of disability as part of its services.
A determination of the existence of a disability by another
					 agency may be sufficient evidence to show that an applicant is an individual
					 with a disability, or such a determination may provide a starting point from
					 which a preliminary assessment can be conducted to obtain any additional
					 information necessary to show that an applicant is an individual with a
					 disability.
Regardless of the results of the assessments and/or
					 presumptions above to determine if an applicant has a disability which
					 constitutes a substantial impediment to employment, a qualified rehabilitation
					 counselor must still determine if the applicant intends to achieve an
					 employment outcome in an integrated setting and requires specific vocational
					 rehabilitation services in terms of an employment outcome.
Substantial Impediment to
					 Employment
means that a physical or mental impairment (in light of
					 medical, psychological, vocational, educational, or other related factors)
					 inhibits an individual's occupational performance by impeding the individual's
					 ability to prepare for, secure, retain, or regain employment consistent with
					 his or her unique strengths, resources, priorities, concerns, abilities,
					 capabilities, career interests, and informed choice. A substantial impediment
					 to employment exists when the physical or mental impairment results in a
					 functional limitation or limitations that: