DBVI will accept applications for VR services from individuals with a disability who desire to apply, including those whose applications are made through common intake procedures in One-Stop centers established under Section 121 of the Workforce Investment Act of 1998. DBVI ensures that no applicant or group of applicants are excluded or found ineligible solely on the basis of the type of disability.
In instances where the counselor can make an eligibility determination based upon the existing information provided by the individual and other third party providers, such a decision should be made. If there is the slightest question as to the individual’s eligibility for services, the counselor should discuss the situation with his/her supervisor, and if necessary, purchase or otherwise arrange to obtain additional assessments whereby a clear decision can be made related to the eligibility/ineligibility of the individual.
In order to ensure that applicants have access to important information regarding Virginia affiliates of three national consumer organizations for the blind and a national consumer organization for individuals who are deafblind, counselors are required to provide applicants with the Consumer Organization Information Sheet located in the DBVI Forms Cabinet.
Counselors will make arrangements to communicate with all non-English speaking and deafblind applicants/customers. Deafblind applicants must be informed that interpreter services are available at no cost for all assessments. Translator services will be offered at no cost to non-English speaking applicants.
Special materials will not be routinely provided to a non-English speaking applicant/customer unless the individual is a member of an ethnic group representing a substantial segment of the population. For this purpose, a substantial segment of the population is defined by the agency as a group of non-English speaking individuals comprising at least five percent of the general population of the Commonwealth.
A translator is often available from the individual or party that referred non-English speaking individual to VR. Other sources for translator services include:
Movement to Application
The case is moved into Application when the information is entered into the AWARE Participant Module by the Intake Staff and is referred to the VR case manager. The day the intake staff enters this information is the DATE OF APPLICATION.
The VR Application (DBVI-04-001) must also be signed by the customer as soon as possible.
The VR counselor completes the required information in the Participant Module of AWARE.
The case remains in Application until such time that the VR counselor (with the applicant) determines and declares eligibility ineligibility, or determines that a period of trial work or extended evaluation is in order to determine vocational potential.
Eligibility/Ineligibility within 60 days
An individual’s case is placed in Application the day intake staff enters the customer’s information into the Participant Module of AWARE. The eligibility/ineligibility decision must occur within 60 days, or the case must be placed in Eligibility Determination Extension (Application E) when there are exceptional or unforeseen circumstance has occurred to preclude making the decision.
An extension for time beyond the 60 days must be approved by the Regional Manager and must be agreed to by the applicant. The counselor completes the “Time Extension to Determine Eligibility” letter in the AWARE Letters Catalog and provides a copy of the signed letter to the applicant. . The extension for time beyond the 60 days must state the number of additional days needed to make the eligibility decision. (Authority: CFR Sec. 361.41)
Initial Interview
The initial interview is to be a face-to-face interview conducted by the VR counselor. The counselor will then complete the appropriate datapages in AWARE to complete the application process.
Review of VR Information Material for Applicants
Each applicant at the time of the counselor’s initial interview will be given a copy of the DBVI “Review of VR Information” on cassette or any other preferred media (see Appendix O for script of cassette to make Braille and print copies).
As required by State law, the “Commonwealth of Virginia Voter Registration” form (PDF) must be completed. Regardless of the response, complete the Voter Registration Agency Certification form and place it in the case file. Be sure that both you and the consumer complete and sign the appropriate section of this form.
VR Preliminary Vocational Survey
During the initial face to face interview, the counselor must complete all the remaining datapages in the Activity List on the Case Management datapage in AWARE and the “Preliminary Vocational Survey” found in the Letters Catalog in AWARE or in the forms cabinet Preliminary Vocational Survey (AFVR-02). If in the counselor’s judgment there is the need to record other information not recorded elsewhere, he or she may write this data in a note from the “Case Notes” datapage in AWARE. The preliminary vocational survey should contain the following information:
How the referral came to VR, including a brief summary of the referral/applicant.
The assessment to determine eligibility includes examinations and assessments which places primary emphasis upon determining the individual's potential for achieving a vocational goal.
Purpose
An assessment to determine eligibility is required for each individual who applies for services. Assessments are provided to determine the customer's (1) eligibility for Vocational Rehabilitation services; (2) ineligibility for Vocational Rehabilitation services; (3) the need for an extended evaluation; or (4) and as appropriate, evaluations by qualified personnel to determine the applicant's potential to benefit from rehabilitation technology services. The data is used in program planning. Eligibility determination covers the period when a case is in Application, Trial Work or Extended Evaluation. When sufficient information is not available without cost, the counselor will purchase the information needed.
Presumptive Eligibility for Social Security Income (SSI) and Social Security Disability Income (SSDI) Recipients
A Social Security disability beneficiary is presumed eligible for VR services "provided the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual." If the individual, who receives SSI and or SSDI plans to pursue an employment outcome, consistent with his/her unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; further assessments to determine eligibility are not required; in other words, the individual who receives SSI and or SSDI may be determined eligible immediately following the initial interview, without further assessments. The SSI/SSDI recipient is automatically considered to be an "individual with a
significant disability."
Assessment, Evaluation, and Diagnostic Services
Assessment, evaluation, and diagnostic services may be provided during any stage of the rehabilitation process, when they are necessary to make the following determinations:
Assessment, evaluation, and diagnostic services may include:
Educational information will be obtained in every instance from interviews with the individual and/or from the schools attended. Some suggested items for inclusion are: courses taken, grades obtained, attendance records, test scores, teacher evaluations, programs in which the individual made significant progress, and other information helpful in planning services with the individual.
Eligibility
DBVI shall ensure that eligibility requirements shall be applied without regard to age, gender, race, color, or national origin of the applicant; type of expected employment outcome; source of referral for vocational rehabilitation services; and particular service needs or anticipated cost of services required by an applicant or the income level of an applicant or applicant's family.
An individual is eligible for VR services if the following criteria are met:
Ineligibility
A “Closure/Ineligibility Letter” located in the AWARE Letters Catalog is completed when a case is being closed as Ineligible (not eligible for VR services). It is not permissible to close a case as Ineligible from Application
because it has been determined that the individual cannot benefit from vocational rehabilitation in terms of an employment outcome (because disability is too severe) without an extended evaluation being conducted; however, a case can be closed Ineligible from Application when the individual does not have a disability which constitutes or results in an impediment to employment. Explain how the individual does not meet at least one of the following conditions on the letter form.
Determining if the Disability is a Substantial Impediment to Employment
The VR counselor must determine that a vocational impediment has resulted due to the visual disability. The disability must be a substantial impediment to employment because of the limitations imposed by the diagnosed visual disability, together with any secondary disabling conditions diagnosed and other related factors. The existence of a visual disability alone does not necessarily constitute a vocational impediment nor does it automatically establish eligibility for VR
services. A substantial impediment to employment exists when the visual disability:
Career advancement and upward mobility may be provided by VR for individuals who are eligible for services. The State VR program is not intended solely to place individuals with disabilities in entry-level jobs but rather to assist eligible individuals to obtain employment that is appropriate, given their unique strengths, resources, priorities, concerns, abilities and capabilities.
Data accumulated in the assessment to determine eligibility (not directly related to a disability) may be used to substantiate a substantial impediment to employment. Materials may be social histories, educational records, and psychological data. Such information may include:
Determining if the Applicant can Benefit from the Provision of VR Services
If it has been determined that the applicant has a disability that constitutes a substantial impediment to employment, the counselor has to assume that the individual can benefit from VR services in terms of an employment outcome. There would need to be clear and convincing evidence that the applicant, with the provision of VR services, would be unable to:
Other Sources for Assessment Information
Materials that can be of use in the assessment to determine eligibility are often available from other sources. These should be requested and used. Materials that may be available are: Social Security information, school records, social
histories, medical information from physicians or institutions, and test results. These materials can assist in making an assessment to determine eligibility and the need for VR services; also, contributing to a good understanding of the individual.
Medical Services
An eye report (Word) completed by an ophthalmologist or optometrist and a Health Checklist (Word) completed by the counselor are needed to assist in the determination of eligibility. A general medical and other specialty reports may be requested on an individual basis to determine eligibility.
The VR counselor must use the most current eye report available to determine eligibility as long as the report indicates the condition was stable or deteriorating, and the visual criteria was met at the time of the examination.
Counselors may seek consultation from the consumer's primary medical provider regarding any condition that might impact the rehabilitation process as identified on the Health Checklist/General Medical Form.
Counselors may have general medical exams and other specialty reports reviewed by the DRS medical consultant when such reports indicate there exist a physical or mental condition that might impact on the rehabilitation program or its outcome. Consultation should also be sought when there is medical evidence that an individual's condition has deteriorated or a new physical or mental problem has developed that could impact on his/her rehabilitation program. The VR program does not require that all general medicals be reviewed by the medical consultant.
Medical and other information provided by officials of other agencies, particularly education and Social Security offices, must be utilized to the extent necessary to determine eligibility.
Eye Examination Form - DBVI-70-002
An agency Eye Examination Form (DBVI-70-002) (Word) will be completed when eye exams are purchased. However, eye exam information can be used from other sources if the information is adequate. This exam will be performed by a physician skilled in diseases of the eye or an optometrist, whichever the customer may choose.
The consultant reviews and dates the eye exam to determine legal blindness and returns it to the regional office. The counselor may make the eligibility decision prior to the ophthalmologist certifying legal blindness. Consultation from the ophthalmological consultant may be sought regarding an individual's eye condition when consultation would assist the counselor in eligibility decisions, program development, and counseling with the customer. The review of subsequent reports by the ophthalmological consultant is optional if there is no change in the individual's eye condition.
The completed eye exam must include:
Health Checklist/General Medical Examination Form - DBVI-70-004/revised 12/08
Health Checklist/General Medical Examination Form (DBVI-70-004) will be used when general medical examinations are purchased.
The counselor will always complete Section I (Health Checklist). This section is basically self-explanatory. In the "remarks" section, always start your comment with the number of the "yes" answer(s). Example: "1. Eyes--customer has very limited vision and needs cataract surgery."
Section II will be completed by a licensed medical practitioner of the customer's choice when a medical is needed. The completed form must include:
Hearing Examinations -DBVI-04-020A
Hearing evaluations will be done on all individuals suspected of a hearing loss or when a hearing loss is indicated on the general medical or any other report.
Medical Abstracts
VR funds will not be used to pay for medical and/or eye examinations which have already been performed prior to the referral of the individual to this agency. Medical abstracts however can be purchased in accordance with the DRS Service/Item Reference Manual, Vol. II.
Diagnostic Testing of Minors
The counselor must explain the need for obtaining diagnostic and evaluative information to the applicant and the parent or guardian when the applicant is under 18 years of age.
Use of Medical Consultant
VR purchases part-time medical consultation from an ophthalmologist for each of the regional offices. The medical consultant provides important services to the department. Services are:
Medical Specialist Information
As a counselor gathers information about an individual, medical specialist examinations are sometimes recommended by general practitioners. These exams should be done if it will assist the counselor in determining the customer's program of services that relate to identified needs.
Visual Services
Ophthalmologists and optometrists may diagnose, prescribe, fit, and sell visual aids to any individual.
Individuals with a visual acuity 20/100 in the better eye with best correction, or a field restriction to 30 degrees or more in the better eye, will be referred to the Department of Rehabilitative Services.
However, DBVI can work with individuals whose visual acuity is 20/100 with best correction or have a field restriction of 30 degrees or less if the visual impairment is an impediment for employment.
Provision of Services
Services provided for and/or arranged for in Application are for the sole purpose of determining if the applicant meets the criteria of eligibility for VR services. Because DBVI does not elect to apply interim determination of
eligibility, vocational rehabilitation services will not be provided to a potentially eligible individual on the basis of an interim determination of eligibility. The following is a list of the services the VR counselor can provide in Application:
Action Requirements:
Background
If an individual has a disability which constitutes an impediment to employment, it is presumed he/she can benefit from
VR services. The VR program can rebut this presumption of benefit only by demonstrating with clear and convincing evidence that the individual is incapable of benefiting from VR services in terms of an employment outcome, i.e., no employment outcome is possible even with the provision of VR services. In order to conclude that an individual is not eligible for VR services due to an inability to benefit from such services in terms of an employment outcome, the designated State unit must possess evidence that establishes such a conclusion with a high degree of certainty. For example, the results of an
intelligence test or a psychological examination, by themselves, would not constitute clear and convincing evidence of an individual's ineligibility for VR services. However, clear and convincing evidence might be derived from the
results of such examinations coupled with additional evidence, particularly evidence drawn from participation in a trial-work experience or other functional assessments that demonstrate that the individual is not capable of benefiting
from VR services.
An individual is placed in Extended Evaluation (Application X) if there is a question as to whether that individual is capable of benefiting from VR services in terms of an employment outcome. The counselor can gather additional information regarding functional limitations (giving first consideration to trial work) to support psychological or medical documentation, which might help determine if the individual is capable of benefiting from VR services in order to achieve an employment outcome.
Duration
Only one, Extended Evaluation (Application X), period is permitted during the time the case is opened. A case should not remain in Extended Evaluation (Application X) any longer than 18 months and should be moved out of this Status to another appropriate Status as soon as the VR counselor is able to determine whether the individual is capable of achieving an employment outcome.
The Extended Evaluation Plan datapage in AWARE is to be completed prior to the applicant receiving services in Extended Evaluation – Application X. Where alternatives exist, the counselor informs the customer of alternative services, service providers, and methods used to provide or purchase such services for extended evaluation. The customer chooses from those alternatives to comprise their plan, which is jointly developed with the applicant/customer. Each 90-day measure of progress is to be documented on the VR Extended Evaluation Documentation form found in AWARE letters catalog.
Provision of Services
Services provided for and/or arranged for in Application X - Extended Evaluation - are for the sole purpose of determining if an individual is capable of benefiting from VR services in terms of an employment outcome. (Extended Evaluation is not to be used to determine if the individual has a disability which constitutes an impediment to employment.)
Customer’s participation in the cost of services
The customer’s participation in the cost of services is not a consideration in rendering services in Extended Evaluation - as long as the services rendered are primarily diagnostic/evaluative in nature. At the point when the services cease to be diagnostic/evaluative in nature and are considered "regular" rehabilitation services, the customer’s participation in the cost of services must be applied.
Narratives Standards
Extended Evaluation (Application X) is used to determine whether VR services will benefit the individual after a disability has been established. When a case is being placed in Extended Evaluation to determine rehabilitation potential, the following requirements must be documented in the case record.
Explanation of the uncertainties as to whether VR services may improve the individual's capability of achieving an employment outcome. Explain the specific areas of uncertainty, such as health, stamina, skills, level of intellectual functioning, etc.
(Authority:
CFR Sec. 361.42(d))