Ill. Admin. Code tit. 89, § 553.140 - Criteria for Most Significant Disability, Very Significant Disability, Significant Disability, and Disability

Documentation of the determination that an individual has a most significant disability, a very significant disability, a significant disability or a disability must be in the individual's VR case file, as well as documentation concerning the evaluation of his or her rehabilitation potential.

a) Prior to determining the significance of an individual's disability, it must be determined that he or she:

1) has a disability, or a combination of disabilities, that causes a substantial physical or mental impairment that is similar, but not limited to, the following list of disabilities:

A) amputation,

B) arthritis,

C) autism,

D) blindness,

E) burn injury,

F) cancer,

G) cerebral palsy,

H) cystic fibrosis,

I) deafness,

J) head injury,

K) heart disease,

L) hemiplegia,

M) hemophilia,

N) respiratory or pulmonary dysfunction,

O) intellectual disability,

P) mental illness,

Q) multiple sclerosis,

R) muscular dystrophy,

S) musculo-skeletal disorders,

T) neurological disorders (including stroke and epilepsy),

U) paraplegia,

V) quadriplegia (and other spinal cord conditions),

W) sickle cell anemia,

X) specific learning disabilities, or

Y) end stage renal failure disease;

2) has a disability, or a combination of disabilities, that seriously limits his or her functional capacities, as listed in Section 553.150; and

3) requires VR services over an extended period of time.

b) If an individual meets the requirements of subsection (a), then the following criteria must be met to determine the significance of his or her disability:

1) To be considered an individual with a most significant disability, he or she must be an individual who has a disability that seriously limits three or more of his or her functional capacities and who requires multiple VR services over an extended period of time.

2) To be considered an individual with a very significant disability, he or she must have a disability that seriously limits two of his or her functional capacities, and must require multiple VR services over an extended period of time.

3) To be considered an individual with a significant disability, he or she must have a disability that seriously limits one of his or her functional capacities and must require multiple VR services over an extended period of time.

4) To be considered an individual with a disability, he or she must have a disability that results in an impediment to employment but does not seriously limit his or her functional limitations.

c) An individual who has been determined eligible for disability benefits pursuant to Title II (SSDI) or Title XVI (SSI) of the Social Security Act is considered to be an individual with at least a significant disability and is presumed eligible for VR services, unless the analysis of his or her functional limitations and service needs, as described in subsections (a) and (b), place the individual into a higher category of the order of selection.

Notes

Ill. Admin. Code tit. 89, § 553.140

Amended at 34 Ill. Reg. 19013, effective November 22, 2010

Amended at 42 Ill. Reg. 18444, effective 10/1/2018