107 CMR 4.03 - Meaning of Terms in 107 CMR 4.00

The terms used in 107 CMR 4.00 have the meanings ascribed in 107 CMR 3.00, unless otherwise specified in 107 CMR 4.00.

Assessment for Eligibility, Order of Selection Priority and Rehabilitation Needs refers to the review by a qualified vocationalrehabilitation counselor of existing medical, psychological or other documentation to determine:

(a) The existence of a physical or mental impairment that is a substantial impediment to employment for the individual that;

(b) The individual can benefit in terms of achieving an employment outcome and;

(c) The individual does require vocational rehabilitation services to prepare for, enter, engage in or retain gainful employment.

Documentation may include information directly obtained from the individual with a disability, the individual's guardian or family members and counselor observation. It may also be obtained with the individual's consent from a treating physician, a qualified licensed or certified practitioner skilled in the diagnosis and/or treatment of the disability, the Social Security Administration, school personnel or other qualified sources that confirms the existence of the disability and can assist the vocational rehabilitation counselor in determining how the disability is a substantial impediment to employment.

Comprehensive Assessment refers to the additional assessment that may be required if the existing information is insufficient for a vocational rehabilitation counselor to determine an individual's eligibility, priority category or vocational rehabilitation needs.

Presumption of Benefit refers to the assumption that all individuals who meet the eligibility requirements listed above can benefit from vocational rehabilitation services in terms of an employment outcome unless it can be proved by clear and convincing evidence that they can not benefit due to the severity of their disability.

Presumption of Eligibility refers to the assumption that individuals who receive Social Security benefits under Title II or XVI of the Social Security Act (SSI or SSDI) are eligible for vocational rehabilitation services.

Trial Work Experience means an exploration of abilities, capabilities and capacity to perform in work situations using a variety of realistic work settings that must be provided to an individual before a determination of ineligibility based on severity of disability can be made. The counselor must develop a written plan to periodically assess the individual's progress at least once every 90 days. Under limited circumstances if an individual is unable to take advantage of a trial work experience then an extended evaluation must be provided. An extended evaluation must also include a written plan and be reviewed at least once every 90 days

Notes

107 CMR 4.03