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Referral, Application And Eligibility For Vocational Rehabilitation Services


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF HUMAN SERVICES,

VOCATIONAL REHABILITATION SERVICES





 

DIVISION 50
REFERRAL, APPLICATION AND ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES

582-050-0000
Referrals
and Applications
(1) Referrals to and applications for
vocational rehabilitation services provided by the Program shall be handled promptly
and equitably.
(2) The Program shall establish
timelines for making a good faith effort to inform individuals referred to or seeking
services from the Program of application requirements and to gather information
necessary to initiate an assessment for determining eligibility and priority for
services.
(3) Assessment to determine
eligibility and priority for services shall commence as soon as an application for
services is received and to the maximum extent possible shall be expedited through
use of existing information, including school, Social Security, medical and family
member records.
(4) An individual is considered
to have submitted an application only when all the following conditions have been
satisfied:
(a) The individual or the
individual’s representative, as appropriate, has completed and signed a Program
application form or has otherwise requested services;
(b) The individual or the
individual’s representative, as appropriate, has provided the information
necessary to initiate an assessment for eligibility; and
(c) The individual is available
to complete the assessment process.
(5) Once the Program has
received an application for vocational rehabilitation services, including applications
for vocational rehabilitation services made through common intake procedures in
One-Stop centers established under section 121 of the federal Workforce Investment
Act of 1998, the Program must make an eligibility determination within 60 days,
unless:
(a) Exceptional and unforeseen
circumstances beyond the control of the Program preclude making an eligibility determination
within 60 days and the Program and the individual agree to a specific extension
of time; or
(b) A trial work experience
or exploration of the individual's abilities, capabilities, and capacity to perform
in work situations is carried out in accordance with 34 CFR 361.42(e) or, if appropriate,
an extended evaluation is carried out in accordance with 34 CFR 361.42(f).
(6) The Program may not close
an applicant's record of services prior to making an eligibility determination unless
the applicant declines to participate in, or is unavailable to complete, an assessment
for determining eligibility and priority for services, and the Program has made
a reasonable number of attempts to contact the applicant or, if appropriate, the
applicant's representative, to encourage the applicant's participation.
(7) The length of time between
eligibility determination and the signing of the Individualized Plan for Employment
(IPE) by the Program counselor and the individual or the individual’s representative
may not exceed 90 days. If the Program invokes an Order of Selection, the length
of time begins once the individual is removed from the waitlist. Exceptions to the
90 day time frame include:
(a) Mutual agreement by the
individual and counselor to an extension to a specific date by which the IPE shall
be completed, taking into consideration the unique needs of the individual;
(b) Individual involvement
in the Program dispute resolution process addressing issues critical to plan development;
(8) The Program shall make
information regarding application requirements and forms available statewide.
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.570
Hist.: VRD 2-1991, f. &
cert. ef. 9-11-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 5-2004, f. &
cert. ef. 8-5-04; VRS 2-2006, f. & cert. ef. 8-1-06; VRS 3-2009, f. & cert.
ef. 3-27-09; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011,
f. 8-12-11, cert. ef. 9-1-11; VRS 1-2014, f. 12-30-14, cert. ef. 1-1-15
582-050-0005
Trial
Work Experiences and Extended Evaluations
(1) Trial work
experiences for individuals with significant disabilities.
(a) 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, OVRS shall conduct an exploration
of the individual's abilities, capabilities, and capacity to perform in realistic
work situations to determine whether or not there is clear and convincing evidence
to support such a determination.
(b) OVRS
shall develop a written plan to assess periodically the individual's abilities,
capabilities, and capacity to perform in work situations through the use of trial
work experiences, which must be provided in the most integrated setting possible,
consistent with the informed choice and rehabilitation needs of the individual.
(c) Trial
work experiences include supported employment, on-the-job training, and other experiences
using realistic work settings.
(d) Trial
work experiences must be of sufficient variety and over a sufficient period of time
for OVRS to determine that:
(A) There
is sufficient evidence to conclude that the individual can benefit from the provision
of vocational rehabilitation services in terms of an employment outcome; or
(B) There
is clear and convincing evidence that the individual is incapable of benefiting
from vocational rehabilitation services in terms of an employment outcome due to
the severity of the individual's disability.
(e) OVRS
shall provide appropriate supports, including assistive technology devices and services
and personal assistance services, to accommodate the rehabilitation needs of the
individual during the trial work experiences.
(2) Extended
evaluation for certain individuals with significant disabilities.
(a) Under
limited circumstances if an individual cannot take advantage of trial work experiences
or if options for trial work experiences have been exhausted before OVRS is able
to make the determinations described in OAR 582-050-0005(1)(d), OVRS will conduct
an extended evaluation to make these determinations.
(b) During
the extended evaluation period, vocational rehabilitation services must be provided
in the most integrated setting possible, consistent with the informed choice and
rehabilitation needs of the individual.
(c) During
the extended evaluation period, OVRS will develop a written plan for providing services
necessary to make a determination under OAR 582-050-0005(1)(d).
(3) During
the extended evaluation period, OVRS provides only those services that are necessary
to make the determinations described in OAR 582-050-0005(1)(d). Extended
evaluation is used only until the eligibility determination can be made and may
not exceed 18 months.
Stat. Auth.: ORS 344.530
& 344.570

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 3-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRD
2-1993, f. & cert. ef. 9-15-93; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2011(Temp),
f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
582-050-0010
General
Provisions
(1) Eligibility
requirements are applied without regard gender, race, creed, color, religion, ethnicity
or national origin, nature or severity of disability, age, sexual orientation, residency
or political ideation. Unless otherwise stated in the context, the rules in OAR
582-050 pertain only to Vocational Rehabilitation Services.
(2) Except
for individuals whose impairments fall within the definition of legal blindness,
or are of a rapidly progressive nature leading to legal blindness, OVRS shall not
exclude any group of individuals from eligibility for services solely on the basis
of type of disability or impairment.
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 3-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRD
2-1993, f. & cert. ef. 9-15-93; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 5-2004,
f. & cert. ef. 8-5-04; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11;
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
582-050-0020
Criteria
Applicants must
meet the following conditions before they may be "eligible" for Vocational Rehabilitation
Services:
(1) A
determination by qualified personnel that the applicant has a physical or mental
impairment.
(2) A
determination by qualified personnel that the applicant's physical or mental impairment
constitutes or results in a substantial impediment to employment for the applicant.
(3) A
determination by a qualified vocational rehabilitation counselor employed by OVRS
that the applicant requires vocational rehabilitation services to prepare for, secure,
retain, or regain employment consistent with the applicant's unique strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed choice.
(4) A
presumption, in accordance with OAR 582-050-0020(5), that the applicant can benefit
in terms of an employment outcome from the provision of vocational rehabilitation
services.
(5) Presumption
of benefit. OVRS presumes that an applicant who meets the eligibility requirements
OARS 582-050-0020(1) and (2) can benefit in terms of an employment outcome unless
OVRS demonstrates, based on clear and convincing evidence, that the applicant is
incapable of benefiting in terms of an employment outcome from vocational rehabilitation
services due to the severity of the applicant's disability.
(6) Presumption
of eligibility for Social Security recipients and beneficiaries. Any applicant who
has been determined eligible for Social Security benefits under Title II or Title
XVI of the Social Security Act is:
(a) Presumed
eligible for vocational rehabilitation services under OAR 582-050-0020(1) and (2);
and
(b) Considered
an individual with a significant disability as defined in 34 CFR 361.5(b) (31).
(7) If
an applicant for vocational rehabilitation services asserts that he or she is eligible
for Social Security benefits under Title II or Title XVI of the Social Security
Act (and, therefore, is presumed eligible for vocational rehabilitation services
under OAR 582-050-0020(6)), but is unable to provide appropriate evidence, such
as an award letter, to support that assertion, OVRS must verify the applicant's
eligibility under Title II or Title XVI of the Social Security Act by contacting
the Social Security Administration. This verification must be made within a reasonable
period of time that enables OVRS to determine the applicant's eligibility for vocational
rehabilitation services within 60 days of the individual submitting an application
for services in accordance with 34 CFR 361.41(b)(2).
(8) Any
applicant who is presumed eligible under OAR 582-050-0020(6) must require vocational
rehabilitation services and intend to achieve an employment outcome that is consistent
with the applicant's unique strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.
(9) Interim
Eligibility for Supported Employment recipients: OVRS may make an interim determination
of eligibility for an applicant eligible for, or receiving, Supported Employment
services when:
(a) The
applicant was referred expressly for Supported Employment Services; The applicant
clearly demonstrates a high likelihood of eligibility for vocational rehabilitation
services based on available data (e.g. records from county mental health programs,
Seniors and Persons with Disabilities or other sources);
(b) The
applicant is someone who has not maintained, or is not expected to maintain, competitive
employment through the provision of traditional rehabilitation services.
(c) There
is reasonable expectation that the applicant will be competitively employable with
provision of rehabilitation services and on-going support;
(d) The
supported-service provider has accepted the applicant; and
(e) There
is evidence in writing of the availability of on-going support services adequate
to maintain employment for the applicant. Services provided during interim eligibility
are those available within the Supported Employment Program (e.g. community based
situational assessment, job development, job training, transportation and other
goods or services required to secure and maintain employment). If OVRS cannot establish
eligibility within 60 days, services may be interrupted or the case may be closed.
If information is insufficient to determine eligibility after 60 days, OVRS shall
either place the case in delayed status, with the agreement of the participant,
or close the case as appropriate. OVRS may reopen closed supported employment cases
in the general program and enter extended evaluation.
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 3-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRD
2-1993, f. & cert. ef. 9-15-93; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2011(Temp),
f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
582-050-0050
Citizenship
Citizenship is not a requirement for eligibility. A person may be eligible for Vocational Rehabilitation Services if he/she meets the basic criteria for eligibility in chapter 582, division 50 of the Oregon Administrative Rules and he/she is:
(1) In the United States for other than a temporary purpose; and
(2) Legally entitled to hold employment in this country.
Stat. Auth.: ORS 344.530

Stats. Implemented: ORS 344.511-344.690 & 344.710-344.730

Hist.: VRD 4-1981, f. & ef. 12-1-81; VRD 2-1991, f. & cert. ef. 9-11-91; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2005, f. & cert. ef. 1-11-05
582-050-0060
Residency
(1) There is
no requirement for duration of residence in Oregon as part of the determination
of eligibility.
(2) OVRS
may provide services to an otherwise eligible individual, available and able to
participate in services leading to an employment outcome, if the individual is:
(a) Currently
living in the State of Oregon, regardless of duration; or
(b) Currently
and legally employable in the State of Oregon and seeking services to retain or
advance in employment with the same employer; or
(c) All
of the following apply:
(A) The
individual is currently living in a state not in an Order of Selection;
(B) The
vocational rehabilitation office closest to the individual's residence is an OVRS
office; and
(C) The
individual is not in the state for the sole purpose of receiving vocational rehabilitation
services.
(3) OVRS may, through mutual agreement, cooperate
with another state's Vocational Rehabilitation Agency in the implementation or supervision
of planned services of an Individualized Plan for Employment.
(4) Reasonable effort is
made to assure that duplicate services are not provided concurrently in more than
one state VR Agency nor shall more than one file per individual be open and active
within OVRS.
(5) When
an individual in open plan status establishes residence in another state and is
no longer available to participate actively with the Oregon case-carrying counselor
in the provision of services, the counselor may:
(a) Negotiate
with the Vocational Rehabilitation Agency of the new state-of-residence to obtain
assistance in supervision of the OVRS services needed to complete the plan and obtain
employment; or
(b) Close
the case file 'other than rehabilitated' due to the individual being 'unavailable
for services.' If requested by the individual, the office may provide copies of
appropriate in-file data to the vocational rehabilitation agency of the new state-of-residence.
(6) The
office may close an individual's case file when the individual relocates outside
the state of Oregon if:
(a) The
individual is not in plan status; or
(b) The
individual does not meet Residency criteria.
(7) OVRS
may retain the case file of an individual who relocates outside of Oregon if the
individual is in open plan status at the time of relocation and remains available
to participate actively with the Oregon case-carrying counselor.
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 4-1981, f. & ef. 12-1-81; VRD 2-1991, f. & cert. ef. 9-11-91; VRD 2-1993,
f. & cert. ef. 9-15-93; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2005, f.
& cert. ef. 1-11-05; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11;
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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