Transcript Vocational Rehabilitation Services

Vocational Rehabilitation Services
Client Assistance Program
Leilani Pfeifer, Multicultural Affairs Coordinator/CAP Advocate
Michael Thomas, PABSS Coordinator/CAP Advocate
2/7/13 – 3:00 p.m. – 4:15 p.m.
Patients’ Rights Advocacy Training 2013
Vocational Rehabilitation
Services
Client Assistance Program (CAP)
Introduction
AREA 1 and 5: Northern Sierra and San
Joaquin Valley CAP Advocates
Michael Thomas
Leilani Pfeifer
The Purpose of the Vocational
Rehabilitation Program
• Help individuals with disabilities become
employed and self-sufficient.
Individuals in the Vocational
Rehabilitation Program
• According to the Rehabilitation Service
Administration’s (RSA) Annual Review Report
FY 2010
• California Department of Rehabilitation
– 10,719 Individuals achieved employment outcome in FY
2010
– Out of the 10,719
• 2,777 individuals were identified as having mental health
and emotional disability
– Employment rate 35%
– Average hourly rate earnings $11.47
– CAP assisted 239 individuals
http:/rsa.ed.gov/about-your-state.cfm
Policy of the United States as
Adopted by Congress
• That Individuals with Disabilities be
provided the opportunities to obtain
gainful employment in INTEGRATED
settings.
• That Individuals with Disabilities are to
be ACTIVE and FULL partners in the VR
process making meaningful and
informed choices.
Role of the Department of
Rehabilitation (DOR)
• Administer the Vocational Rehabilitation (VR)
programs.
• Provide applicants and individuals eligible for
service opportunities to exercise informed
choice throughout the VR process.
• Work with VR clients and applicants to make
decisions about employment goals, VR
services and service providers, settings for
employment and service provisions.
Role of the Department of
Rehabilitation (cont’d)
• Provide services necessary to assist in
“preparing for, securing, retaining, or
regaining an employment outcome that
is consistent with the strengths,
resources, priorities, concerns, abilities,
capabilities, interests, and informed
choice of the individual.”
Phases of the VR Process
• Application for VR services.
• Determination of Eligibility (within 60 days)
• Development of the Individualized Plan for
Employment (IPE).
• Provision of VR Services.
• Employment – the ultimate goal! – and
Closure of VR Case.
• Post-employment services (if applicable)
Application for VR Services
• Apply online via the California Department of
Rehabilitation website www.dor.ca.gov
• Mail the attached application form to your local
Department of Rehabilitation office.
• Call your local Department of Rehabilitation office
and request that an application be mailed to you.
• Visit your local Department of Rehabilitation (DOR)
office in person and complete an application in
person.
• You may give the information needed to start the
assessment process in another reasonable format to
DOR.
Who Is Eligible For VR Services?
In order to be determined eligible to receive
VR services, the individual must have:
• A Physical or Mental Impairment which is a;
• A Substantial Impediment to employment;
• A Need for Vocational Rehabilitation services to
“prepare for, secure, retain, or regain employment;”
and
• Can benefit from Vocational Rehabilitation services
(this is presumed unless DOR can provide “clear and
convincing evidence” to the contrary).
Clear and Convincing Evidence to
Determine Ineligibility
• The VR agency may determine a person ineligible for
services by showing clear and convincing evidence
that the individual is not capable of benefiting from VR
services.
• In order to demonstrate clear and convincing
evidence, the VR agency must conduct an
assessment of ability by the use of trial work
experience (TWE), as well as conduct an extended
evaluation if the trial work experience does not
provide sufficient information to determine if the
individual can benefit from services.
Who is Presumed Eligible?
• SSDI/SSI - Beneficiaries of Social Security
Disability Insurance (SSDI) and Supplemental
Security Income (SSI) are presumed eligible
to receive VR services.
• However, SSI/SSDI beneficiaries can still be
found ineligible for services if the VR agency
provides clear and convincing evidence that
the individual cannot become employed even
with VR services.
When will DOR Make an Eligibility
Determination
• The DOR will make a determination regarding
eligibility within a reasonable period of time,
not to exceed 60 days, after receiving the
application for services.
• This timeframe may be extended in order to
conduct Trial Work Experience (TWE) or due
to “exceptional and unforeseen circumstances
beyond the control” of the DOR. In this
unique situation, the DOR and the individual
will agree to a specific extension of time.
The Individualized Plan for
Employment (IPE)
• The individualized plan for employment is a
critical document in the vocational
rehabilitation (VR) process. The IPE
contains important information on your
employment goal, the VR services necessary
to reach your employment goal, and the
services the Department of Rehabilitation
(DOR) will provide.
Informed Choice: A Critical
Component
• The IPE should be developed, implemented
and evaluated in a cooperative relationship
between the client and the DOR
counselor. Rehabilitation Act regulations
state that “the IPE shall be developed and
implemented in a manner that affords the
eligible individual to exercise “informed
choice” in:
• Selecting an employment outcome;
Informed Choice: A Critical
Component (cont’d)
• The specific vocational rehabilitation services
to be provided under the plan;
• The entity that will provide the vocational
rehabilitation services, and
• The methods used to procure the services
Maximizing Employment
• “The State VR Services program is not
intended to solely place individuals with
disabilities in entry level jobs, but rather to
assist eligible individuals obtain employment
that is consistent with their unique strengths,
resources, priorities, concerns, abilities, and
capabilities.”
• RSA Policy Directive, Employment Goal For
An Individuals With A Disability, RSA-PD-9704.
Rehabilitation Services:
• Any services provided or funded by DOR
must be specified on the IPE. All IPE services
must be provided in the most integrated
setting that is both appropriate and reflects
the informed choice of the individual.
Other criteria of the IPE…
• The IPE must:
• Be developed in a timely manner subsequent to the
determination of eligibility (California law states 90
days);
• Be designed to achieve the specific employment
outcome selected by the individual with the disability;
• Be consistent with the individual’s unique strengths,
resources, priorities, concerns, abilities, capabilities,
interest and informed choice;
• To the maximum extent appropriate result in
employment in an integrated setting;
• Be a written document prepared on DOR forms;
Other criteria of the IPE… (cont’d)
• Be designed to include a description of
services;
• Be implemented in a manner that gives the
eligible individual the ability to exercise
informed choice in selecting the entity to
provide vocational rehabilitation services;
• Be designed to include information regarding
related services and benefits;
• Agreed to, and agreed on by, each eligible
individual or, as appropriate, the individual’s
representative;
Other criteria of the IPE… (cont’d)
• Approved and signed by a qualified vocational
rehabilitation counselor employed by DOR;
• Be copied to ensure that the individual has
his/her own copy of the final document, and
• Be reviewed on at least an annual basis by
the individual and a qualified vocational
rehabilitation counselor, and if necessary,
amended if there are substantive changes in
employment outcome, the services to be
provided or;
Provision of VR Services
• VR services must be provided as appropriate
to the vocational rehabilitation needs of each
individual consistent with each individual's
informed choice, to assist the individual with a
disability in preparing for, securing, retaining,
or regaining an employment outcome that is
consistent with the individual's strengths,
resources, priorities, concerns, abilities,
capabilities, and interests.
Provision of VR Services (cont’d)
DOR must ensure that the following VR services are
available:
• Assessment for determining eligibility and priority;
• Assessment for determining vocational rehabilitation
needs by qualified personnel;
• Vocational rehabilitation counseling and guidance;
Information and referral;
• Physical and mental restoration services;
• Vocational and other training services;
• Maintenance;
• Transportation;
• Vocational rehabilitation services to family members;
Provision of VR Services (cont’d)
• Interpreter services;
• Reader services, rehabilitation teaching services,
and orientation and mobility services for individuals
who are blind;
• Job-related services;
• Supported employment services;
• Personal assistance services;
• Post-employment services;
• Occupational licenses, tools, equipment, initial
stocks, and supplies;
Provision of VR Services (cont’d)
• Rehabilitation technology;
• Transition services
• Technical assistance and other consultation
services to eligible individuals who are
pursuing self-employment or telecommuting
or establishing a small business operation as
an employment outcome.
• Other goods and services determined
necessary for the individual with a disability to
achieve an employment outcome.
Closure of VR Case
• The employment outcome has been
achieved.
• The employment is maintained for at least 90
days, is stable, and the individual no longer
needs VR service.
• The individual and the VR counselor agree
the individual is satisfied and is doing well in
the job.
Client Assistance Program (CAP)
• CAP is designed to help the consumer and
their representative understand their rights
and responsibilities and assist them in
presenting their concerns to DOR.
• CAP advocates are not employees of DOR,
they serve as independent advocates.
• Clients and applicants of DOR may request
for CAP’s assistance at any point from the
time of application until after case closure.
What Services Does CAP provide?
CAP advocates may provide:
• Information and referral
• Counsel and advice;
• Brief Service;
• Technical assistance to clients preparing for
Administrative Review, Mediation and or Fair
Hearing;
Q&A
THANK YOU