Or. Admin. Code § 582-060-0010 - Termination of Services Because of Ineligi?bility

(1) Case closure shall occur when OVRS determines that the individual does not meet one or more of the following eligibility criteria:

(a) No disabling condition;

(b) No impediment to employment;

(c) Does not require vocational rehabilitation services; or

(d) Disability too severe to benefit from services.

(2) OVRS shall make the ineligibility determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative.

(3) Ineligibility due to 'too severe to benefit'. Prior to any determination that an individual with a disability is incapable of benefiting from vocational rehabilitation services, OVRS shall conduct an exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations to determine whether or not there is clear and convincing evidence to support such a determination.

(a) OVRS shall develop a written plan to assess the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences.

(b)Trial work experiences:

(i) Shall be in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual;

(ii) Include supported employment, on-the-job training, and other experiences using realistic work settings; and

(iii) Shall be of sufficient variety and over a sufficient period of time for the designated State unit to determine that:

(A) There is sufficient evidence to conclude that the individual can benefit from the provision of vocational rehabilitation services in terms of an employment outcome; or

(B) There is clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services.

(c) OVRS shall provide appropriate supports, including assistive technology devices and services and personal assistance services, to accommodate the rehabilitation needs of the individual during the trial work experiences.

(4) OVRS shall notify the individual in writing of file closure due to ineligibility. As necessary the office shall supplement notification by other appropriate modes of communication consistent with the informed choice of the individual. Notification shall include:

(a) Notice that the office is closing the individual's case file;

(b) The rationale for the ineligibility determination; and

(c) Dispute resolution information regarding the mediation and impartial fair hearing appeal process, as well as contact information about for the Client Assistance Program (CAP).

(5) The office shall refer the individual to other available programs under the Workforce Investment Act that address the individual's training or employment-related needs.

(6) If the office determines the individual to be incapable of achieving an employment outcome, the office shall:

(a) Refer the individual to local extended employment providers; and

(b) Review the individual's file within 12 months. The individual or, if appropriate the individual's representative, may thereafter request subsequent annual reviews. The office needs not conduct the review if:

(A) The individual has refused the review;

(B) The individual is no longer present in the State;

(C) The individual's whereabouts are unknown; or

(D) The individual's medical condition is rapidly progressive or terminal.

Notes

Or. Admin. Code § 582-060-0010

VRD 2-1978, 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