(1) Eligibility for
vocational rehabilitation shall be determined upon the presence of four basic
conditions:
(1) the existence of blindness as
defined in rule
111-1.4 (216B);
(2) the existence of blindness
constitutes or results in a substantial impediment to employment;
(3) the individual intends to achieve an
employment outcome consistent with the individual's imique strengths,
resources, priorities, concerns, abilities, capabilities, interests, and
informed choice; and
(4) the
applicant requires vocational rehabilitation
services to prepare for, secure,
retain, or regain employment.
Applicants who meet the eligibility requirements stated in the
paragraph above will be presumed to be able to benefit from vocational
rehabilitation services in terms of an employment outcome, unless the
department can prove with clear and convincing evidence that the applicant is
incapable of benefitting in terms of an employment outcome from vocational
rehabilitation services due to the severity of the applicant's
disability.
Any applicant who has been determined eligible for social
security benefits under Title II or Title XVI of the Social Security Act is (I)
presumed eligible for vocational rehabilitation services, and (2) considered an
individual with a significant disability.
No duration of residence requirement is imposed that excludes
from services any applicant who is present in the state. No applicant or group
of applicants is excluded or found ineligible solely on the basis of the type
of disability. The eligibility requirements are applied without regard to the
age, gender, race, color, creed, or national origin of the applicant; type of
expected employment outcome; source of referral; or the particular service
needs or anticipated cost of services required by an applicant or the income
level of an applicant or applicant's family.
Nothing in this rule is to be construed to create an
entitlement to any vocational rehabilitation service.
(2) Whenever changed circumstances,
such as a decrease in fiscal or personnel resources or an increase in its
program costs, indicate that the department may no longer be able to provide a
full range of services, as appropriate, to all eligible applicants, the
department will invoke an order of selection policy based upon Section 361.36
of the federal regulations.
