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Quick Facts About Your Appeal Rights

Publication #5035
Undated

Quick Facts
About Your Appeal Rights

If you are unhappy with the services you are seeking or receiving from the Vocational Rehabilitation (VR) agency:

  • You can file an appeal. Be sure to ask your VR counselor about how to appeal, as well as any deadlines for appealing, as soon as a problem arises.
  • There are three options on how to handle the appeal:
    1. Informally -- with a VR administrator;
    2. Mediation -- with a neutral third party who will help you TRY TO reach a compromise or agreement with the VR agency; or
    3. Formal Hearing -- during which an impartial hearing officer (IHO) will hear the facts of the case and make a decision.
  • It is up to you how you want to handle the appeal. You can do all three steps, two of the steps, or only one.  If you choose to do more than one step, you must go in the order the options are stated above.
  • The VR agency pays for all costs related to mediation and the formal hearing.
  • If you do mediation, the mediator will help you try to reach an agreement with the VR agency. If you reach an agreement, the mediator will put the agreement in writing. All information learned during mediation is confidential and cannot be used against you later.
  • If you go to a formal hearing, the IHO will make a written decision about your case within 30 days.
  • If you are not happy with the IHO’s decision, you can appeal it. There may be two ways to file an appeal of that decision: with a “reviewing official” or in court. Not all States have a “reviewing official.” Be sure to ask your VR counselor how to appeal the IHO’s decision if you are not happy with it.
  • You can present any information that helps your case during any stage of the appeal process.
  • You can have anyone you want represent you during mediation or the formal hearing. However, if you go to court, it would be best to have an attorney.
  • The Client Assistance Program (CAP), which is an advocacy program, may be able to help you during your appeal. Ask your VR agency about how to contact CAP.

 

UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND
REHABILITATION SERVICES ADMINISTRATION
WASHINGTON, DC 20202

 

May 18, 2011