Section 29-103. ASSESSMENT FOR DETERMINING ELIGIBILITY

 

103.1In order to determine whether an individual is eligible for vocational rehabilitation services, the Rehabilitation Services Administration shall conduct an assessment for determining eligibility in the most integrated setting possible, consistent with the individual's needs and informed choice, and in accordance with this section.

 

103.2The Rehabilitation Services Administration shall base an applicant's eligibility for vocational rehabilitation services only on the following basic requirements:

 

(a)A determination by qualified personnel that the applicant has a physical or mental impairment;

 

(b)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;

 

(c)A determination by a qualified vocational rehabilitation counselor employed by the Rehabilitation Services Administration 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; and

 

(d)A presumption, in accordance with subsection 103.3 of this section, that the applicant can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.

 

103.3The Rehabilitation Services Administration shall presume that an applicant who meets the eligibility requirements in subsections 103.2(a) and (b) of this section can benefit in terms of an employment outcome unless the Rehabilitation Services Administration 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.

 

103.4The Rehabilitation Services Administration may presume an applicant eligible for services based on the following:

 

(a)Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act shall be:

 

(1)Presumed eligible for vocational rehabilitation services pursuant to subsections 103.2 and 103.3 of this chapter; and

 

(2)Considered an individual with a significant disability as defined in section 199, and

 

(b)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 subsection 103.4(a) of this section), but is unable to provide appropriate evidence, such as an award letter, to support that assertion, the Rehabilitation Services Administration shall verify the applicant's eligibility under Title II or Title XVI of the Social Security Act by contacting the Social Security Administration. This verification shall be made within a reasonable period of time that enables the Rehabilitation Services Administration to determine the applicant's eligibility for vocational rehabilitation services within sixty (60) days of the individual submitting an application for services in accordance with subsection 102.1.

 

103.5The Rehabilitation Services Administration shall ensure that an eligible individual, including an individual whose eligibility for vocational rehabilitation services is based on the individual being eligible for Social Security benefits under Title II or Title XVI of the Social Security Act, intends to achieve an employment outcome that is consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, by:

 

(a)Informing individuals, through its application process for vocational rehabilitation services, that individuals who receive services under the program must intend to achieve an employment outcome, and

 

(b)Considering that the applicant's completion of the application process for vocational rehabilitation services is sufficient evidence of the individual's intent to achieve an employment outcome, and that no additional demonstration on the part of the applicant is required for purposes of satisfying subsection 103.5(a) of this section.

 

103.6Nothing in this section, including subsection 103.4, shall be construed to create an entitlement to any vocational rehabilitation service.

 

103.7The Rehabilitation Services Administration may initiate the provision of vocational rehabilitation services for an applicant on the basis of an interim determination of eligibility prior to the sixty (60) day period described in subsection 102.1.

 

103.8When making an interim determination of eligibility, the Rehabilitation Services Administration shall:

 

(a)Obtain a written approval from the Administrator of the Rehabilitation Services Administration or his or her designee;

 

(b)Document in the individual's records the criteria and conditions for making the determination; and

 

(b)Document in the individual's records the scope of services that may be provided pending the final determination of eligibility.

 

103.9When providing services based on an interim determination of eligibility, the Rehabilitation Services Administration shall make a final determination of eligibility within sixty (60) days of the individual submitting an application for services in accordance with subsection 102.1.

 

103.10When determining eligibility under this section, the Client Services Division, in accordance with the D.C. Human Rights Act of 1977, as amended, D.C. Official Code Sections 2-1401.01 et seq., (Act), shall not discriminate on the basis of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business. Sexual harassment is a form of sex discrimination, which is prohibited by the Act. In addition, harassment based on any of the above-protected categories is prohibited by the Act. Discrimination in violation of the Act shall not be tolerated. Violators shall be subject to disciplinary action.

 

103.11Except as provided in subsection 103.12 of this section, the Rehabilitiation Services Administration shall base its determination of each of the basic eligibility requirements in subsection 103.2 of this section on:

 

(a)A review and assessment of existing data, including counselor observations, education records, information provided by the individual or the individual's family, particularly information used by education officials, and determinations made by officials of other agencies; and

 

(b)To the extent existing data do not describe the current functioning of the individual or are unavailable, insufficient, or inappropriate to make an eligibility determination, an assessment of additional data resulting from the provision of vocational rehabilitation services, including trial work experiences, assistive technology devices and services, personal assistance services, and any other support services that are necessary to determine whether an individual is eligible.

 

103.12The Rehabilitation Services Administration shall base its presumption under subsection 103.4 of this section, that an applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act satisfies each of the basic eligibility requirements in subsection 103.2 of this section, on determinations made by the Social Security Administration.

 

103.13Prior 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, the Rehabilitation Services Administration shall:

 

(a)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)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 shall:

 

(1)Be provided in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual;

 

(2)Include supported employment, on-the-job training and other experiences using realistic work settings;

 

(3)Be of sufficient variety and over a sufficient period of time for the Rehabilitation Services Administration 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; and

 

(4)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.

 

103.14If an individual with a significant disability cannot take advantage of trial work experiences or if options for trial work experiences have been exhausted before the Rehabilitation Services Administration is able to make the determinations described in subsection 103.13(b)(3) of this section, the Rehabilitation Services Administration shall:

 

(a)Conduct an extended evaluation to make these determinations;

 

(b)Provide vocational rehabilitation services in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual;

 

(c)Develop a written plan for providing services necessary to make a determination under subsection 103.13(b)(3) of this section; and

 

(d)Provide only those services that are necessary to make the determinations described in subsection 103.13(b)(3) of this section and terminate extended evaluation services when the Rehabilitation Services Administration is able to make the determinations.

 

103.15To provide vocational rehabilitation services during the extended evaluation period, the Rehabilitation Services Administration shall:

 

(a)Obtain the written approval of the Administrator of the Rehabilitation Services Administration or his or her designee;

 

(b)Develop a written extended evaluation plan for each individual;

 

(c)Provide vocational rehabilitation services for not longer than (6) months, unless approved by the Rehabilitation Services Administration; and

 

(f)Ensure that each extended evaluation plan is dated and signed by the vocational rehabilitation counselor and the individual.

 

103.16The Rehabilitation Services Administration shall assess an individual's progress during an extended evaluation as frequently as necessary but at least once every ninety (90) days.

 

source

Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003).