reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › PROTECTION AND USE OF CONFIDENTIAL INFORMATION › Section 388-891A-0140 - May I review or obtain copies of information in my case service record?

Current through Register Vol. 24-14, July 15, 2024
(1) You may review
				  or obtain copies of information contained in your case service record by
				  submitting a request to DVR. DVR provides access to or provides copies of
				  records upon request, except in one or more of the following circumstances:
(a) If DVR believes providing the medical,
				  psychological, or other information in your case service record may be harmful
				  to you, DVR only releases the records to a third party that you choose, such as
				  your representative, parent, legal guardian, or a qualified medical
				  professional.
(b) If DVR receives
				  personal information about you from another agency or service provider, DVR may
				  share the records only under the conditions established by the agency or
				  service provider that provided the information.
(c) If a representative has been appointed by
				  a court to represent you, the information must be released to the
				  representative.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › PROTECTION AND USE OF CONFIDENTIAL INFORMATION › Section 388-891A-0150 - How does DVR protect personal information that is released for audit, evaluation, reporting, or research?

Current through Register Vol. 24-14, July 15, 2024
DVR may release personal information for audit, evaluation
					 for program purposes, fulfilling reporting requirements, or research if the
					 results would improve the quality of life or VR services for people with
					 disabilities. When DVR has obtained personal information from another
					 organization or program, it will release that information only when permitted
					 by the rules or laws governing the release of protected information applicable
					 to that organization or program. Before DVR shares any personal information,
					 the organization, agency, or individual must agree to the following
					 conditions:
(1) The information must
				  only be used by people directly involved in the audit, evaluation, reporting,
				  or research;
(2) The information
				  must only be used for the reasons approved by DVR in advance;
(3) The information must be kept secure and
				  confidential;
(4) The information
				  must not be shared with any other parties, including you or your
				  representative; and
(5) The final
				  product or report produced by the organization, agency, or individual must not
				  contain any personal information that would identify you without your written
				  consent.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0200 - May a guardian or another representative request an exception to a rule, mediation, or fair hearing on my behalf with DVR?

Current through Register Vol. 24-14, July 15, 2024
Your chosen representative, legal guardian, or
					 court-appointed representative may act on your behalf when you would like to
					 request an exception to a rule, mediation, or fair hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0205 - How do I ask for an exception to a rule in this chapter?

Current through Register Vol. 24-14, July 15, 2024
(1) You may ask DVR
				  staff to assist you in requesting an exception to a rule. They will help you to
				  write and submit a request.
(2)
				  When you make a request for an exception to a rule in this chapter, you must
				  submit it to the DVR director or designee in writing. The request must include:
(a) A description of the exception you are
				  requesting;
(b) The reason you are
				  asking for the exception; and
(c)
				  The duration of the exception, if applicable.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0206 - Are there exceptions to rules in this chapter that DVR will not grant?

Current through Register Vol. 24-14, July 15, 2024
DVR will not grant an exception to the following rules in
					 this chapter:
(1) Rules requiring
				  compliance with state or federal laws and regulations that DVR does not have
				  the authority to change;
(2) Rules
				  describing the services and activities that DVR must not pay for or support,
				  including WAC 388-891A-1101 and 388-891A-1186; and
(3) WAC 388-891A-1060, under which DVR must
				  not provide extended services for an individual who does not meet the
				  definition of a youth with a most significant disability in WAC
				  388-891A-0100(19).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0210 - What happens after I submit a request for an exception to a rule?

Current through Register Vol. 24-14, July 15, 2024
(1) After receiving
				  your request for an exception to a rule, the DVR director or designee decides
				  whether to approve the request based on:
(a)
				  The impact of the exception on accountability, efficiency, choice,
				  satisfaction, and quality of services;
(b) The degree to which your request varies
				  from the WAC; and
(c) Whether the
				  rule or condition is a federal regulation that must not be
				  waived.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0211 - What does a DVR counselor do when they make a decision to deny my request for VR services, reasonable accommodation, or any other request that affects my participation in VR program services?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  If a DVR counselor makes a decision to deny your request for a VR service,
				  reasonable accommodation, or any other request that affects your participation
				  in the VR program, including your participation in pre-employment transition
				  services, the DVR counselor responds to you orally and in writing within ten
				  working days of receiving your request.
(2) The written response you receive will
				  provide:
(a) The reason or reasons for the
				  denial and your appeal rights if you disagree with the decision; or
(b) If additional time is needed to gather
				  supplemental information to answer your request, an explanation of the
				  additional time needed and what supplemental information is needed.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0215 - What may I do if a DVR counselor makes a decision about my VR services that I do not agree with?

Current through Register Vol. 24-14, July 15, 2024
(1) If a DVR
				  counselor makes a decision that affects the VR services provided to you as an
				  applicant or recipient of services with which you do not agree, you may try to
				  resolve the disagreement by any one or more of the following:
(a) Seek assistance from the client
				  assistance program, DVR counselor, VR supervisor, or DVR director or their
				  designee;
(b) Request
				  mediation;
(c) Request a fair
				  hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0220 - What is the client assistance program (CAP)?

Current through Register Vol. 24-14, July 15, 2024
(1) The client assistance program (CAP) is a
				  program independent of DVR that offers information and advocacy regarding your
				  rights as a DVR customer and offers assistance to help you receive
				  services.
(2) You may ask for help
				  or information from CAP at any time during the rehabilitation process by asking
				  a DVR staff person for information about how to contact CAP, by calling or
				  texting CAP at 206-849-2939, or by accessing the CAP website at
http://www.washingtoncap.org
.
(3) A CAP representative may represent you
				  with DVR if a disagreement occurs that you cannot resolve on your own. CAP
				  attempts to resolve disagreements informally through discussions with the DVR
				  employee(s) involved as a first step. If informal efforts are not successful,
				  CAP may represent you in mediation and in a fair hearing.
(4) CAP services are available at no cost to
				  you.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0225 - What is mediation?

Current through Register Vol. 24-14, July 15, 2024
(1) Mediation
				  is a process in which a trained mediator conducts a meeting with you and DVR
				  representative, usually your DVR counselor, to help you settle a disagreement.
(a) The mediator does not work for
				  DVR.
(b) The mediator does not make
				  decisions about your case.
(c)
				  Mediation is voluntary for all parties.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0230 - When may I ask for mediation?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  You may ask for mediation any time you disagree with a decision DVR makes that
				  affects the VR services that DVR provides to you.
(2) DVR will not use mediation to deny or
				  delay your right to a fair hearing.
(3) You may request both mediation and a fair
				  hearing at the same time.
(4) If an
				  agreement is reached during mediation, the fair hearing is canceled.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0235 - Who arranges and pays for mediation?

Current through Register Vol. 24-14, July 15, 2024
(1) DVR will schedule mediation in a timely
				  manner at a location that is convenient to all parties.
(2) DVR will pay for costs related to
				  mediation, except costs related to a representative or attorney you ask to
				  attend.
(3) DVR may pay for the VR
				  services you require to participate in mediation.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0240 - Is information discussed during mediation confidential?

Current through Register Vol. 24-14, July 15, 2024
(1) Discussions during
				  mediation are confidential and must not be used in a later fair hearing or
				  civil proceeding, if one is held.
(2) Before beginning a mediation session, all
				  parties must sign a statement of confidentiality.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0245 - If the mediation session results in an agreement, do I receive a written statement of the results?

Current through Register Vol. 24-14, July 15, 2024
If you and the DVR representative reach an agreement
					 during mediation:
(1) The agreement is
				  documented in writing;
(2) You and
				  the DVR representative sign the written agreement; and
(3) DVR provides you with a copy of the
				  agreement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0250 - What is a fair hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) A fair
				  hearing is a review process outlined under the Administrative Procedure Act,
				  chapter 34.05 RCW and chapter 388-02 WAC that is conducted by an administrative
				  law judge who works for the office of administrative hearings.
(2) During a fair hearing, both you and DVR
				  may present information, witnesses, and documents to support your
				  position.
(3) You may ask someone
				  to represent you, such as an attorney, friend, relative, representative from
				  the client assistance program, or someone else you choose.
(4) No DSHS employee may represent you in an
				  administrative hearing challenging a DVR decision.
(5) The administrative law judge makes a
				  decision after they hear all of the information presented and review any
				  documents submitted and relevant laws and regulations.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0255 - How do I request a fair hearing?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  To ask for a fair hearing, send a written request to the office of
				  administrative hearings. You must include the following information in your
				  written request:
(a) Your name, address, and
				  telephone number;
(b) The name of
				  the DSHS program that the fair hearing involves (such as DVR);
(c) A written statement describing the
				  decision and the reasons you disagree; and
(d) Any other information or documents that
				  relate to the matter.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0260 - After I submit a request for a fair hearing, when is it held?

Current through Register Vol. 24-14, July 15, 2024
The office of administrative hearings holds a fair hearing
					 within sixty days of receipt of your written request for a hearing, unless you
					 or DVR ask for a later hearing date and the office of administrative hearings
					 determines there is a reasonable cause for the delay.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0265 - What is a prehearing meeting?

Current through Register Vol. 24-14, July 15, 2024
After you submit a request for a fair hearing, DVR offers
					 you a prehearing meeting. The prehearing meeting may be conducted in person, by
					 telephone, or by another method agreeable to all parties. The purpose of the
					 prehearing meeting is to:
(1) Clarify
				  the decision with which you disagree;
(2) Exchange copies of laws, rules, or other
				  information to be presented in the fair hearing;
(3) Explain how the fair hearing is
				  conducted; and
(4) Settle the
				  disagreement, if possible.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0270 - Do I receive a written fair hearing decision?

Current through Register Vol. 24-14, July 15, 2024
The office of administrative hearings sends you a written
					 report of the findings and decision within thirty days of the fair
					 hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0275 - Is the fair hearing decision final?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The office of administrative hearings decision is final and DVR must implement
				  the decision.
(2) If you do not
				  agree with the office of administrative hearings decision, you may pursue civil
				  action through superior court to review that decision.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPEAL RIGHTS › Section 388-891A-0295 - May DVR suspend, reduce, or terminate my services if I request a fair hearing?

Current through Register Vol. 24-14, July 15, 2024
DVR must not suspend, reduce, or terminate agreed upon
					 services if you have requested a fair hearing, unless DVR provides evidence
					 that you provided false information or committed fraud or other criminal acts
					 related to your receipt of VR services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › INFORMED CHOICE › Section 388-891A-0300 - What is informed choice?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Informed choice is the process by which an individual receiving services from
				  DVR makes decisions about VR goals, VR services, and the service providers
				  necessary to reach those goals. The decision-making process takes into account
				  your culture, values, lifestyle, and characteristics, the availability of
				  resources and alternatives, and general economic conditions. Informed choice
				  involves clear communication to help you understand and use pertinent
				  information in the decisionmaking process. Informed choice ensures that VR
				  services promote respect for individual dignity, personal responsibility,
				  self-determination, and the pursuit of meaningful careers.
(2) The informed choice decisions that you
				  make are the basis for achieving a successful employment outcome.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › INFORMED CHOICE › Section 388-891A-0310 - How does DVR support the informed choice process?

Current through Register Vol. 24-14, July 15, 2024
DVR supports the informed choice process by providing
					 counseling and guidance, information, and support to help you make choices that
					 match your unique strengths, resources, priorities, concerns, abilities,
					 capabilities, and interests, including:
(1) Explaining what choices you can make
				  throughout the rehabilitation process;
(2) Assisting you to identify and get the
				  information you need to explore the options available; and
(3) Helping you understand and evaluate the
				  options.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › INFORMED CHOICE › Section 388-891A-0320 - What if I do not know how to use the informed choice decision making process?

Current through Register Vol. 24-14, July 15, 2024
DVR explains how to use informed choice to make decisions
					 about VR goals and services. If it is difficult for you to make informed
					 choices, DVR can help you understand the options available and choose the one
					 that meets your needs.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › INFORMED CHOICE › Section 388-891A-0330 - What decisions may I make using informed choice?

Current through Register Vol. 24-14, July 15, 2024
You have the right to make informed choices about VR goals
					 and services, including but not limited to:
(1) The providers you will work with and
				  activities you will participate in related to pre-employment transition
				  services;
(2) The assessment
				  services and service provider(s) you will use to get the information necessary
				  for DVR to determine eligibility and identify your VR needs;
(3) The specific details of your
				  individualized plan for employment (IPE), including:
(a) Type of employment outcome and
				  setting;
(b) VR services you need
				  to achieve the employment outcome;
(c) Service provider(s) that will provide the
				  service and the setting in which you receive the services; and
(d) Method(s) of arranging and paying for
				  services as selected from those available to DVR under state law and agency
				  policy;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › INFORMED CHOICE › Section 388-891A-0340 - What information and assistance will DVR provide to help me make informed choices about VR services and service providers?

Current through Register Vol. 24-14, July 15, 2024
To support you in making an informed choice about services
					 and providers, DVR will help you get the following information, to the extent
					 the information is both available and appropriate:
(1) Cost, accessibility, and duration of
				  services;
(2) Consumer satisfaction
				  with those services;
(3)
				  Qualifications of potential service providers;
(4) Type(s) of services offered by each
				  service provider;
(5) Type of
				  setting in which the services are provided, including whether the setting is
				  integrated or nonintegrated; and
(6) Outcomes achieved by others served by the
				  service provider.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0400 - Who may apply for vocational rehabilitation services?

Current through Register Vol. 24-14, July 15, 2024
Any individual who intends to achieve an employment
					 outcome may apply for VR services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0405 - May a guardian or another representative act on my behalf with DVR?

Current through Register Vol. 24-14, July 15, 2024
You may select someone to act as your representative, as
					 appropriate, while participating in the VR program.
(1) If your representative is not a legal
				  guardian or a court-appointed representative, you must sign a consent form
				  allowing the representative to communicate with DVR on your behalf.
(2) If you have a legal guardian or a
				  court-appointed representative, they must act as your representative when
				  required by the court.
(a) A legal guardian
				  or court-appointed representative must provide DVR with documentation that
				  describes the nature and scope of legal representation.
(b) When required by guardianship or legal
				  representation documents you have provided to DVR, your legal guardian or
				  court-appointed representative must sign the application and other documents
				  that require your signature.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0410 - How do I apply for VR services?

Current through Register Vol. 24-14, July 15, 2024
You have completed the application requirements for VR
					 services when you:
(1) Have provided
				  information needed to begin an assessment of eligibility and priority for
				  services;
(2) Are available to
				  participate in assessment services necessary to determine if you are eligible
				  for VR services; and
(3) Have
				  signed an application form provided by DVR or otherwise provided a written
				  request that includes the following information:
(a) Your name;
(b) Your contact information, including
				  mailing address and phone or email as appropriate;
(c) Your birth date and gender;
(d) Your Social Security number (optional);
				  and
(e) The date on which you
				  signed the written request.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0420 - If I do not speak English, how do I communicate with DVR throughout the VR process, beginning at application?

Current through Register Vol. 24-14, July 15, 2024
If you do not speak English, or if English is not your
					 primary language, you may request another method of communication to enable you
					 to meet with DVR. DVR arranges and pays for interpreter services as described
					 in WAC 388-891A-0720, translation services as described in WAC 388-891A-0860,
					 or both interpreter and translation services as needed for you to communicate
					 with DVR throughout the VR process.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0421 - What accommodations are available to help me communicate with DVR throughout the VR process, beginning at application?

Current through Register Vol. 24-14, July 15, 2024
DVR uses equipment, devices, or other services you need to
					 understand and respond to information. Methods DVR may use to communicate with
					 you include, but are not limited to:
(1) Interpreters;
(2) Open and closed captioned
				  videos;
(3) Specialized
				  telecommunications services and audio recordings;
(4) Brailled and large print
				  materials;
(5) Materials in
				  electronic formats;
(6)
				  Augmentative communication devices;
(7) Graphic presentations; and
(8) Simple language materials.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0425 - Does DVR translate written communication for me if I do not speak English?

Current through Register Vol. 24-14, July 15, 2024
(1) Upon your
				  request, DVR translates the following written communication into your primary
				  language or the primary language of your representative:
(a) Application for VR services;
(b) Notification of eligibility or
				  ineligibility;
(c) Plan for
				  employment;
(d) Notification of
				  case closure;
(e) Notification of
				  annual review, if appropriate; and
(f) Any notice requiring your response or
				  signature to continue receiving services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0430 - If I do not live in Washington, may I receive VR services?

Current through Register Vol. 24-14, July 15, 2024
The state in which you live has the primary responsibility
					 to provide VR services to you. If you do not live in Washington state, you may
					 apply for VR services if you are present in the state and available to
					 participate in required assessment services or VR services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0431 - May a case be open at the same time in more than one VR services program?

Current through Register Vol. 24-14, July 15, 2024
A case may be open at the same time in more than one VR
					 services program as long as services are coordinated and not
					 duplicated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0440 - May I apply for VR services if I am currently receiving or am eligible to receive VR services from the department of services for the blind?

Current through Register Vol. 24-14, July 15, 2024
(1) The Washington
				  state department of services for the blind, under an agreement with DVR, is the
				  primary agency responsible for providing vocational rehabilitation services to
				  individuals who are blind or have a visual impairment resulting in an
				  impediment to employment.
(2) You
				  may apply for vocational rehabilitation services from the department of
				  services for the blind, DVR, or both agencies.
(3) The department of services for the blind
				  and DVR may coordinate to provide joint services if you would benefit from such
				  coordination as long as the services are not duplicated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0450 - May I apply for VR services if I am currently receiving or am eligible to receive VR services from a tribal VR program?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are eligible for vocational
				  rehabilitation services through a tribe that operates a vocational
				  rehabilitation program, you may apply for VR services from DVR.
(2) The tribal vocational rehabilitation
				  program and DVR may coordinate to provide joint services if you would benefit
				  from such coordination as long as the services are not duplicated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › APPLYING FOR VR SERVICES › Section 388-891A-0490 - Why does DVR offer me the opportunity to register to vote when I apply for services?

Current through Register Vol. 24-14, July 15, 2024
The department of social and health services (DSHS) is a
					 voter registration assistance agency. As a division of DSHS, DVR offers you the
					 opportunity to register to vote at application. You do not have to register to
					 vote to receive DVR services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0500 - Who is eligible to receive VR services?

Current through Register Vol. 24-14, July 15, 2024
(1) You are eligible for VR services if a DVR
				  counselor determines that you meet all of the following criteria:
(a) You have a physical or mental impairment
				  that results in a substantial impediment to your ability to prepare for,
				  secure, maintain, advance in, or regain employment;
(b) You require VR services to prepare for,
				  secure, maintain, advance in, or regain employment that matches your unique
				  strengths, resources, priorities, concerns, abilities, capabilities, interests,
				  and informed choice.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0505 - How does DVR determine if I am eligible?

Current through Register Vol. 24-14, July 15, 2024
(1) A DVR counselor reviews and assesses
				  information and records about the current status of your disability and
				  determines whether you meet the eligibility requirements outlined in WAC
				  388-891A-0500.
(a) A DVR counselor bases the
				  determination on observations, education records, medical records, information
				  provided by you or your family, and information provided by other agencies or
				  professionals.
(b) If information
				  or records are not current, available, or sufficient for a DVR counselor to
				  determine if you are eligible, DVR provides the assessment services necessary
				  to get the information needed to make a decision.
(c) VR services used to collect additional
				  information and records to determine eligibility may include medical or
				  psychological evaluations, trial work, assistive technology, personal assistant
				  services, or any other support services necessary to determine if you are
				  eligible.
(d) DVR must not use your
				  participation in pre-employment transition services as an assessment to
				  determine your eligibility for VR services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0506 - Am I presumed to be eligible for VR services if I receive Social Security disability benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) If you receive
				  Social Security disability insurance (SSDI) or supplemental security income
				  (SSI) benefits under Title II or XVI of the Social Security Act and you intend
				  to achieve an employment outcome, DVR presumes that you are an eligible
				  individual upon verification of your Social Security disability
				  benefits.
(2) If you cannot provide
				  appropriate evidence of your Social Security benefits, such as an award letter
				  from the Social Security Administration, or other type of verification, DVR may
				  request the verification for you.
(3) DVR makes maximum efforts to obtain
				  verification of your Social Security benefits in a reasonable period of
				  time.
(4) After verification of
				  your Social Security benefits, the DVR counselor determines whether you are
				  eligible for VR services.
(5)
				  Although DVR presumes that you are eligible for VR services if your DVR
				  counselor has verified that you receive SSDI or SSI, if the DVR counselor has
				  reason to believe you are not capable of benefiting in terms of an employment
				  outcome after receiving VR services due to the severity of your disability, the
				  DVR counselor conducts an exploration of your abilities, capabilities, and
				  capacity to perform in realistic work situations as described in WAC
				  388-891A-0526 and 388-891A-0530.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0507 - Am I required to provide proof of my identity and work status?

Current through Register Vol. 24-14, July 15, 2024
(1) DVR must verify
				  your identity and work status before paying for VR services.
(2) DVR verifies your identity and work
				  status when you provide the documentation required by the United States
				  Citizenship and Identification Services (USCIS) for USCIS form I-9, "Employment
				  Eligibility Verification."
(3) If
				  you do not provide documentation of your identity and legal work status, DVR
				  may obtain existing records that contain information for use in determining
				  your eligibility.
(4) DVR must not
				  pay for any services other than those described in subsection (3) of this
				  section until you provide proof of your identity and work status.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0510 - After DVR receives my signed application, how long does it take to make an eligibility determination?

Current through Register Vol. 24-14, July 15, 2024
(1) DVR
				  will make an eligibility determination as soon as enough information is
				  available, but no longer than sixty days after receiving your completed
				  application materials.
(2) If DVR
				  does not have enough information to determine your eligibility within sixty
				  days, you and a DVR counselor must agree to:
(a) Extend the eligibility period to collect
				  additional information or records because exceptional and unforeseen
				  circumstances prevented the collection of information necessary to make an
				  eligibility determination; or
(b)
				  Conduct a trial work experience, if a DVR counselor is not certain whether VR
				  services will enable you to benefit in terms of an employment outcome because
				  of the severity of your disability.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0515 - What if I do not agree to extend the eligibility determination period?

Current through Register Vol. 24-14, July 15, 2024
If you do not agree to extend the eligibility
					 determination period, DVR must close your case service
					 record.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0525 - What criteria does DVR not consider in its eligibility determination?

Current through Register Vol. 24-14, July 15, 2024
In making an eligibility determination, DVR does not
					 consider your:
(1) Type of
				  disability;
(2) Age, sex, gender,
				  gender identification, sexual orientation, race, color, creed, religion,
				  national origin, veteran status, military status, or marital status;
(3) Specific rehabilitation needs;
(4) Type of employment outcome you expect to
				  achieve;
(5) Source of
				  referral;
(6) Anticipated cost of
				  services; or
(7) Income.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0526 - May DVR determine that I am ineligible for VR services without additional assessment of the severity of my disability?

Current through Register Vol. 24-14, July 15, 2024
If a DVR counselor cannot presume that you are eligible
					 for VR services or that VR services will enable you to benefit by achieving an
					 employment outcome because of the severity of your disability, DVR requires a
					 trial work experience to determine eligibility. To develop the trial work
					 experience, DVR will:
(1) Conduct an
				  exploration of your abilities, capabilities, and capacity to perform in
				  realistic work situations. This exploration must include an assessment of
				  existing information to the maximum extent possible;
(2) Develop a trial work plan to assess your
				  abilities, capabilities, and capacity to perform in competitive integrated work
				  situations through the use of trial work experiences; and
(3) Make a determination for eligibility
				  based on the information gathered from trial work experience(s).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0527 - What is a trial work experience?

Current through Register Vol. 24-14, July 15, 2024
A trial work experience is an assessment DVR requires when
					 a DVR counselor cannot presume that you are eligible for VR services or that VR
					 services will enable you to benefit by achieving an employment outcome because
					 of the severity of your disability. Through that assessment, DVR gathers
					 information to determine that either:
(1) You can benefit from VR services to
				  achieve an employment outcome and are eligible for VR services; or
(2) There is clear and convincing evidence
				  that due to the severity of your disability, you are incapable of benefiting in
				  terms of an employment outcome after receiving VR services and you are
				  ineligible for VR services.
(a) The clear and
				  convincing standard is the highest standard used in our civil system of law and
				  is applied on a case-by-case basis.
(b) Clear and convincing evidence may include
				  assessments that conclude service providers would be unable to meet the
				  individual's needs due to the severity of the individual's
				  disability.
(c) The demonstration
				  of clear and convincing evidence may include, if appropriate, a functional
				  assessment of skill development activities, with any necessary supports
				  (including assistive technology), in real life settings.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0530 - What is involved in a trial work experience?

Current through Register Vol. 24-14, July 15, 2024
(1) You and your DVR counselor develop a
				  trial work plan outlining the specific questions to be answered by the trial
				  work experience.
(2) The plan
				  developed by you and your DVR counselor will identify appropriate VR services
				  and supports to accommodate your rehabilitation needs, such as supported
				  employment, on-the-job training, assistive technology or personal assistant
				  services.
(3) DVR will exhaust all
				  opportunities, consistent with your informed choice and rehabilitation needs,
				  for providing trial work experiences through actual work experiences in
				  integrated community environments.
(4) You will participate in one or more trial
				  work experiences that allow you to try different employment
				  experiences.
(5) Your trial work
				  experience(s) will take place over a period of time that you and your DVR
				  counselor agree to in your trial work plan.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0535 - What if I cannot participate in or decline to participate in a trial work experience?

Current through Register Vol. 24-14, July 15, 2024
If you cannot participate in a trial work experience, DVR
					 has exhausted efforts to arrange a trial work experience, or you decline to
					 participate in a trial work experience, DVR will close your
					 case.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0540 - When may DVR determine that I am not eligible or no longer eligible for DVR services?

Current through Register Vol. 24-14, July 15, 2024
If you do not or you no longer meet the eligibility
					 criteria in WAC 388-891A-0500, a DVR counselor may determine that you are not
					 eligible or no longer eligible for services:
(1) At any time after application;
				  and
(2) After giving you an
				  opportunity to discuss the reasons for the counselor's determination.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0545 - What happens if DVR determines that I am not eligible or no longer eligible for VR services?

Current through Register Vol. 24-14, July 15, 2024
(1) Before
				  determining that you are not eligible for VR services or that you are no longer
				  eligible for VR services, a DVR counselor consults with you and gives you an
				  opportunity to discuss the decision.
(2) DVR sends you a notice in writing, or
				  using another method of communication, if needed. The notice includes:
(a) An explanation of the reason(s) you are
				  not eligible or no longer eligible;
(b) Your rights to appeal the decision;
				  and
(c) An explanation of the
				  services available from the client assistance program.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0550 - If I am not eligible or no longer eligible for VR services, does DVR help me find other programs and service providers to meet my needs?

Current through Register Vol. 24-14, July 15, 2024
If DVR determines that you are not eligible or no longer
					 eligible for VR services, DVR provides you with information and refers you to
					 other agencies or organizations that may provide services to meet your
					 employment-related needs.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ELIGIBILITY › Section 388-891A-0555 - Does a determination that I am eligible for VR services mean that I am entitled to any service?

Current through Register Vol. 24-14, July 15, 2024
Eligibility for VR services in general does not mean that
					 you are entitled to receive any specific VR service. The specific VR services
					 that you receive are determined on an individual basis.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › VOCATIONAL REHABILITATION › Chapter 388-891A - Vocational rehabilitation services for individuals with disabilities › ORDER OF SELECTION › Section 388-891A-0600 - What happens if DVR cannot serve every eligible person?

Current through Register Vol. 24-14, July 15, 2024
When it is not possible to serve all eligible persons
					 because there are not enough funds or other resources, DVR must:
(1) Continue services without disruption for
				  eligible individuals who have developed and signed an individualized plan for
				  employment;
(2) Establish a
				  statewide waiting list for services;
(3) Implement a process called order of
				  selection that:
(a) Establishes the order in
				  which DVR selects eligible individuals from the waiting list to begin receiving
				  VR services; and
(b) Ensures that
				  individuals with the most significant disabilities are served as a priority
				  over other groups of eligible individuals; and