Or. Admin. Code § 582-050-0020 - Criteria

Applicants must meet the following conditions before they may be "eligible" for Vocational Rehabilitation Services:

(1) A determination by qualified personnel that the applicant has a physical or mental impairment.

(2) A determination by qualified personnel that the applicant's physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant.

(3) A determination by a qualified vocational rehabilitation counselor employed by OVRS that the applicant requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(4) A presumption, in accordance with OAR 582-050-0020(5), that the applicant can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.

(5) Presumption of benefit. OVRS presumes that an applicant who meets the eligibility requirements OARS 582-050-0020(1) and (2) can benefit in terms of an employment outcome unless OVRS demonstrates, based on clear and convincing evidence, that the applicant is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the applicant's disability.

(6) Presumption of eligibility for Social Security recipients and beneficiaries. Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act is:

(a) Presumed eligible for vocational rehabilitation services under OAR 582-050-0020(1) and (2); and

(b) Considered an individual with a significant disability as defined in 34 CFR 361.5(b) (31).

(7) If an applicant for vocational rehabilitation services asserts that he or she is eligible for Social Security benefits under Title II or Title XVI of the Social Security Act (and, therefore, is presumed eligible for vocational rehabilitation services under OAR 582-050-0020(6)), but is unable to provide appropriate evidence, such as an award letter, to support that assertion, OVRS must verify the applicant's eligibility under Title II or Title XVI of the Social Security Act by contacting the Social Security Administration. This verification must be made within a reasonable period of time that enables OVRS to determine the applicant's eligibility for vocational rehabilitation services within 60 days of the individual submitting an application for services in accordance with 34 CFR 361.41(b)(2).

(8) Any applicant who is presumed eligible under OAR 582-050-0020(6) must require vocational rehabilitation services and intend to achieve an employment outcome that is consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(9) Interim Eligibility for Supported Employment recipients: OVRS may make an interim determination of eligibility for an applicant eligible for, or receiving, Supported Employment services when:

(a) The applicant was referred expressly for Supported Employment Services; The applicant clearly demonstrates a high likelihood of eligibility for vocational rehabilitation services based on available data (e.g. records from county mental health programs, Seniors and Persons with Disabilities or other sources);

(b) The applicant is someone who has not maintained, or is not expected to maintain, competitive employment through the provision of traditional rehabilitation services.

(c) There is reasonable expectation that the applicant will be competitively employable with provision of rehabilitation services and on-going support;

(d) The supported-service provider has accepted the applicant; and

(e) There is evidence in writing of the availability of on-going support services adequate to maintain employment for the applicant. Services provided during interim eligibility are those available within the Supported Employment Program (e.g. community based situational assessment, job development, job training, transportation and other goods or services required to secure and maintain employment). If OVRS cannot establish eligibility within 60 days, services may be interrupted or the case may be closed. If information is insufficient to determine eligibility after 60 days, OVRS shall either place the case in delayed status, with the agreement of the participant, or close the case as appropriate. OVRS may reopen closed supported employment cases in the general program and enter extended evaluation.

Notes

Or. Admin. Code § 582-050-0020

VRD 3-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

Stat. Auth.: ORS 344.530

Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730