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Overview of the VR Process

Overview of the VR Process. An Overview. The VR Process consists of:. 1. Outreach 2. Screening the Contact 3. Application 4. Initial Intake Interview 5. Eligibility Determination 6. Plan Development 7. VR Services provision 8. Closure/Employment Outcome 9. Post Employment Services.

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Overview of the VR Process

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  1. Overview of the VR Process An Overview

  2. The VR Process consists of: • 1. Outreach • 2. Screening the Contact • 3. Application • 4. Initial Intake Interview • 5. Eligibility Determination • 6. Plan Development • 7. VR Services provision • 8. Closure/Employment Outcome • 9. Post Employment Services

  3. Points of Focus today: • Eligibility (Initial Intake Interview and Determination) • Development of the Individualized Plan for Employment • The Provision of Vocational Rehabilitation Services

  4. Initial Intake Interview • What is explained to the participant? • 1. The VR Process • 2. Participants Rights 34 CFR 371.21(I) & Sec. 102(c)(2)(A) • 3. Participants Responsibilities • 4. VR’s Responsibilities • 5. Due Process 34 CFR 371.21(i) & Sec. 102(c)(2)(A)(i) • 6. Client Assistance Program Sec. 102(c)(2)(A)(iii) • 7. Confidentiality Sec. 7(2)(B)(2) • 8. Similar Benefits/Comparable Services

  5. Initial Intake Interview cont… • What is the purpose of the Initial Intake Interview? • 1. Personally observe applicant • 2. Build rapport and trust • 3. Share agency information • 4. Gather demographic information • 5. Gather existing information • Educational • Medical • Psychiatric • 6. Gather historical information • Personal account of condition • Personal account of education • Personal account of employment history • Vocational Goal • 7. Sign release of information forms • 8. Set next appointment

  6. Eligibility Determination • How is an applicant determined eligible? • Eligibility is determined by answering 6 questions: • 1. Is the applicant a member of a Federal or State Recognized tribe? 34 CFR 371.1 & 371.4(b) • Common Questions: • What if the applicant only has a C.D.I.B. (Certificate of Degree of Indian Blood)? • What if the applicant is a member of a Federal or State recognized tribe, but lives in Mexico or Canada? • What if the applicant has no proof of membership because the tribe has no enrollment office? • What if the applicant is married to member of the Tribe?

  7. Eligibility Determination cont… • How is an applicant determined eligible? • Eligibility is determined by answering 6 questions: • 2. Does the applicant live on or near the reservation? 34 CFR 371.1; 371.4(b); & 371.41(b) • Common Questions: • What is “…on or near the reservation” defined as? • What if part of the reservation crosses into Canada or Mexico? • What if an individual is being released from incarceration and applies for services?

  8. Eligibility Determination cont… • How is an applicant determined eligible? • Eligibility is determined by answering 6 questions: • 3. Does the applicant have a physical or mental impairment? 34 CFR 371.1 • Common Questions: • Is alcohol/drug abuse/dependency considered a disability? • Is HIV/AIDS considered a disability? • Are temporary physical/mental conditions considered a disability?

  9. Eligibility Determination cont… • How is an applicant determined eligible? • Eligibility is determined by answering 6 questions: • 4. Does the physical or mental impairment cause a substantial impediment to employment? • Note: in describing to an applicant, the question can be rephrased, “How does your {physical/mental} condition keep you from getting or keeping a job? • Note: impediments can include attitudinal barriers and prejudice. • Note: to determine if an applicant has a disability, the whole equation should be considered –Physical/Mental Impairment + Impediment = Disability

  10. Eligibility Determination cont… • How is an applicant determined eligible? • Eligibility is determined by answering 6 questions: • 5. Is there a reasonable expectation the individual can benefit from VR services in terms of an employment outcome? • Note: There is a presumption of benefit, but presumption does not equal “automatic.” • Sec. 102(a)(2)(A) – applicants are presumed to benefit from VR services UNLESS clear and convincing evidence can be produced that states otherwise.

  11. Eligibility Determination cont… • How is an applicant determined eligible? • Eligibility is determined by answering 6 questions: • 6. Does the applicant require VR services in order to achieve an employment outcome? • Note: there is also a presumption of eligibility, but, again, presumption does not equal “automatic.” • Sec. 102(a)(3)(A) – applicants reporting a disability or is blind as determined pursuant to the Social Security Act are Presumed eligible

  12. Ineligibility • How is a person determined ineligible? • If “No” is answered to any of the six questions asked for eligibility. • The applicant/participant must be consulted before the determination is made Sec. 102(a)(5)(A) • The applicant/participant must be notified of the determination in writing Sec 102(a)(5)(B) • The applicant/participant must be provided information on the Client Assistance Program and how to contact the agency for services Sec. 102(a)(5)(c) • Any ineligible determinations based on a finding of incapability of benefiting in terms of employment outcome must be reviewed within 12 months and due process exercised. Sec. 102(a)(6)(B)

  13. Case Study #1 • Paul applies for VR services with a reported disability of rheumatoid arthritis. His application states that he has worked in warehousing for the past 9 years and can no longer do this type of work. Paul’s medical report shows that his disability began 2 ½ years ago with increased symptoms of “stiff joints” in the morning and a decrease in ability to carry moderate to heavy objects. He is diagnosed with rheumatoid arthritis one-year ago and is recommended to change jobs. During the initial intake interview, which was held middle of the morning, you observe a slow and deliberate walk to your office. Paul often shifts in his chair as if he cannot get comfortable and seems to stretch his limbs every 3 to 4 minutes. Paul reports that he has spent his career working for the Tribe (as an enrolled member), has never lived off the reservation, and has no other education other than a high school diploma. Paul states that he is interested in office type work and would like some formal training in office skills. • Apply the six eligibility questions for this individual. • What are the possible issues you may need to address for eligibility and service provision? • What information might you need to answer the issues question? • What are some cultural services available in your service area to assist Paul?

  14. Case Study #2 • Rebecca applies for VR services with a reported disability of bad back. Her application shows she has had several jobs over the past 5 years with the two longest jobs being a desk clerk for a hotel and, most recently, waitress. Rebecca began seeing a doctor one year ago complaining of lower back pains. She is diagnosed with a herniated disc. Her current job of waitress has her lifting and carrying mild to moderately heavy trays, as well as frequent bending and occasional cleaning (mopping and cleaning tables). The doctor prescribed a moderate pain reliever, suggested physical therapy, and to seek a new line of work. During the initial intake interview, you observe Rebecca to appear medicated but still in substantial pain. Rebecca reports that she cannot comply with the doctor’s suggestion as she needs the money. She reports that she achieved an AA degree in computers and would like find a job in this area. Although she is an enrolled member and has lived on the reservation most of her life, she does not want to work on the reservation. • Apply the six eligibility questions for this individual. • What are the possible issues you may need to address for eligibility and service provision? • What information might you need to answer the issues question? • What are some cultural services available in your service area to assist Rebecca?

  15. Case Study #3 • Jason applies for VR services with a reported disability of Major Depressive Disorder. He is 47 years old and was diagnosed when he was 30 years old. He has been a regular receiver of Mental Health Services from the Tribe for the past 10 years. Jason was prescribed antidepressants and has taken them semi-faithfully. Over the past 5 years he has worked in fast-food restaurants and grocery stores. Before being diagnosed, Jason finished his B.A. degree in accounting, but no longer desires to practice his field of study. During the initial intake interview, Jason shares that he is more interested in computer work now, something in graphics design. Jason appeared lucid and focused during the interview and the psychological report he gives to you shows a non-consistent pattern of stability and his most recent decompensation was 5 months ago. • Apply the six eligibility questions for this individual. • What are the possible issues you may need to address for eligibility and service provision? • What information might you need to answer the issues question? • What are some cultural services available in your service area to assist Jason

  16. Case Study #4 • Theresa applies for VR services with a reported disability of Traumatic Brain Injury (TBI). Theresa was in a motor vehicle accident (MVA) when she was 23 and is now 27 years old. She was on her way to work as an office manager when she was hit broadside by a drunk driver. She held the position for 9 months and was given two “Employee of the Month” awards prior to the MVA. During her initial intake interview, she is accompanied by her social worker from the Tribe and requires extra time to respond to questions and questions repeated in several different ways. She is easily distracted and has to be reminded of the question posed to her. She does share she would like to return to office work and is willing to “do anything” to get her old job back. She is a tribal member, lives on the reservation, and is requesting services. • Apply the six eligibility questions for this individual. • What are the possible issues you may need to address for eligibility and service provision? • What information might you need to answer the issues question? • What are some cultural services available in your service area to assist Theresa?

  17. Timeframe for Making Eligibility Determination • Sec. 102(a)(6) “…shall determine whether an individual is eligible…within areasonable period of time, not to exceed 60 days, after the individual has submitted an application for services…” • Exceptions include: • Exceptional and unforeseen circumstances beyond the control of…precluding making an eligibility determination within 60 days…and the individual agrees to a specific extension of time • …is exploring an individual’s abilities, capabilities, and capacity to perform in work situations…

  18. Trial Work Experience • Used when there is doubt, due to severity of the disability, that an individual will benefit from VR services in terms of a successful employment outcome; and • To further determine the ability, capability, and capacity of the individual as it relates to accomplishing their vocational goal

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