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Vocational Rehabilitation Services

Publication #5401, Undated

Disability Rights California
California's protection and advocacy system
100 Howe Avenue, Suite 185 N, Sacramento, CA 95825
1-800-776-5746
www.disabilityrightsca.org

Table of Contents

Department of Rehabilitation Services
1. Who is eligible for services under the Vocational Rehabilitation program?
2. How does DOR determine if I’m eligible if I don’t have anything from the Social Security Administration?
3. What kind of impairment is considered a substantial impediment to employment?
4. What kinds of assessments can DOR do to determine my eligibility?
5. How can I apply for DOR services?
6. How long does DOR take to process my application?
7. What types of services can I get?
8. How long must I have been in California to receive services?
9. Can I be refused services because of my age?
10. Do I have to pay for these services?
11. If I receive social security, do I have to financially participate in paying for the costs?
12. What if I cannot afford to participate?
13. Can DOR refuse to provide a service?
14. I received a Ticket to Work form Social Security Administration. What is it?
15. What is an Employment Network?
16. What if I am currently working with the Department of Rehabilitation?
17. Will I be penalized if I choose not to use the Ticket?
18. What is an Individual Plan for Employment (IPE)?
19. What should be written into an IPE?
20. What types of transportation services are available?.
21. I have a vehicle. Is DOR required to pay for my expenses?
22. What is an “undue hardship”?
23. Do have a right to participate in writing the IPE?
24. I want to be self-employed can DOR still provide me services?
25. How can I get a copy of my records?
26. DOR is saying that I cannot have my records. Can they keep them from me?
27. Can I get my records in a language other than English?
28. Can I amend my record of services?
29. How often should my IPE be reviewed?
30. What if I don’t agree with how the IPE is being amended?
31. What can I do if I am having problems with my DOR counselor?.
32. What if I don’t speak English or if I need a sign language interpreter?
33. How do I ask for an Administrative Review?
34. If I don’t speak English, will the Department assist me during the Administrative Review?
35. Can I request transportation to and from the Administrative Review?
36. Is the Administrative review mandatory?
37. Is mediation mandatory?
38. What about the Fair Hearing process?
39. Can the Department cut services that I am receiving until there is a decision?
40. What is the Clients Assistance Program (CAP)?
41. What if I’ve already spoken with my CAP advocate and I’ve been determined ineligible for their services?
Appendices
List of DOR Offices

Department of Rehabilitation Services

Who is eligible for services under the Vocational Rehabilitation program?

There are two eligibility requirements for services. The applicant must be:

• An “individual with a disability” and
• Need the vocational rehabilitation services to obtain employment.
  

CCR tit. 9 § 7062.

The term “individual with a disability” means that the applicant has a physical or mental impairment that constitutes a substantial impediment to employment and the applicant would benefit from vocational rehabilitation services. 29 U.S.C. § 705(20) , Cal. Welf. & Inst. Code § 19151 ; and CCR tit. 9 § 7017.

If you are an SSI recipient or a beneficiary of SSDI, you are presumed eligible for services. 29 U.S.C. § 722. However, if your disability is so severe that the Department of Rehabilitation’s (DOR) services would not be helpful to you, you may be denied services. In order to deny you services, DOR must “demonstrate by clear and convincing evidence that such individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability of the individual.” 29 U.S.C. § 722(a)(2)(A); see also 34 C.F.R. § 361.42; Cal. Welf. & Inst. Code § 19103(b) and CCR tit. 9 § 7062(b)(3).

How does DOR determine if I’m eligible if I don’t have anything from the Social Security Administration?

If you do not receive SSI or SSDI and you do not have documentation from the Social Security Administration stating that you have been determined to be blind, the DOR counselor is going to determine whether your impairment results in a “substantial impediment to employment.” CCR tit. 9 § 7062(b)(2)(B). This means that the counselor will document your impairment. CCR tit. 9 § 7062(b)(2)(A).

During this determination process, the counselor may take into consideration records prepared by other agencies to determine whether you were eligible for services from those agencies. Plus, the counselor may look at statements by qualified professionals who have diagnosed or treated you. CCR tit. 9 § 7062.5.

If you have these types of documents, you should share them with your counselor.

What kind of impairment is considered a substantial impediment to employment?

Temporary impairments will not be considered a substantial impediment to employment. CCR tit. 9 § 7062(b)(2)(B)(1). Under the regulations, an unemployed individual will be considered to have a substantial impediment if the impairment –

• Caused the unemployment; or
• Prevents you from entering employment consistent with your abilities and capabilities; or
• Requires you to have an accommodation and or assistance in performing the job duties

CCR tit. 9 § 7062(b)(2)(B)(2) and following.

If you are employed, the counselor will look to see whether the impairment results in a substantial impediment to employment by looking at whether –

• Loss of employment is imminent because of the impairment;
• The current employment is not in an integrated setting such as a sheltered workshop;
• The applicant is not regularly employed or is earning less than others in that occupation;
• The employment is below your abilities and capabilities

CCR tit. 9 § 7062(b)(2)(B)(3) and following.

What kinds of assessments can DOR do to determine my eligibility?

The counselor has a wide range of ability to determine your “eligibility and vocational rehabilitation needs.” 29 U.S.C. § 705(2). This means that to the extent that it is necessary to determine your employment outcome and the nature and extent of vocational rehabilitation services that DOR will provide, the counselor may make a determination of your –

“personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities …, and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors, that affect the employment and rehabilitation needs….” 29 U.S.C. § 705(2)(B)(iii).

This is not an exhaustive list. The law gives a wide range of latitude. This latitude should translate into an adequate assessment of your vocational rehabilitation needs.

How can I apply for DOR services?

Apply by:

• Going to your local DOR office,
• Calling in to a DOR office and asking for an application, or
• Writing your local DOR office and asking for services.

CCR tit. 9 § 7041.5.

For your convenience, a list of DOR offices is attached as Appendix A.

How long does DOR take to process my application?

Generally, DOR must have your application for services processed within 60 days from the date of your application. 29 U.S.C. § 722(a)(6); 34 C.F.R. § 361.41(b)(1) ; CCR tit. 9 § 7031. DOR may take longer than 60 days if

• The delay is beyond the counselor’s control or
• If the applicant submits a written request for an extension.

CCR tit. 9 §§ 7041 & 7041.5.

It is important to note that the 60 days that DOR has to process your application start from the date on either 1) a signed letter requesting services or 2) an Application for Services (form DOR 222). A simple call to your local DOR office will not start the 60 days.

For your convenience, a sample DOR 222 form is attached to this publication as Appendix B. A “Client Information Handbook” is also attached as Appendix C. The “Client Information Handbook” provides information about DOR’s services and about the Clients Assistance Program (See questions 36 and 37, below, for more information about CAP).

What types of services can I get?

You have a right to receive services which are required to determine the presence of a disability and rehabilitation potential. CCR tit. 9 § 7150. In general this includes:

• Counseling, guidance, referral and personal adjustment counseling services and training materials
• Placement in a suitable environment
• Physical and mental restoration services
• Transportation
• MaintenancePersonal services such as note takers, readers, interpreters, and attendant and driver services
• Assistive technology such as telecommunication, sensory and other technological aids and devicesJob coaching
• Services to your family members and
• Post employment services

CCR tit. 9 § 7150.

How long must I have been in California to receive services?

Federal law states that DOR may not use the length of your residence in a State as a requirement for eligibility. 34 C.F.R. § 361.42(c). The California regulations clarify that there is no residence requirement that excludes any person who is present in the State from receiving services. CCR tit. 9 § 7060(b).

Can I be refused services because of my age?

No. The Department of Rehabilitation is prohibited from using your age, race, sex, religious creed, color, ancestry, national origin, sexual orientation, marital status, medical condition, or physical or mental disability as eligibility requirements for services. 34 C.F.R. § 361.42(c) and CCR tit. 9 § 7060(a).

Do I have to pay for these services?

You may have to pay for some of the services. 29 U.S.C. § 709(c)(12)(C); 34 C.F.R. § 361.54(b). In order to determine whether you have to share the cost, DOR will need some information from you such as:

• Check stubs
• Account statements

If you refuse to participate in sharing the costs of a service, DOR can refuse to provide you those services.

CCR tit. 9 § 7190.

If I receive social security, do I have to financially participate in paying for the costs?

If you receive Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI)/State Supplemental Payment (SSP), or Public Assistance you are exempt from having to pay for services. CCR tit. 9 § 7191.

What if I cannot afford to participate?

According to the federal regulations, the cost of your participation in paying for DOR services cannot be so high that it effectively denies you a necessary service. 34 C.F.R. § 361.54(b)(2)(iv)(C).

Can DOR refuse to provide a service?

Yes. Under federal law, the State is supposed to provide assurance before it provides vocational rehabilitation services that it has looked for comparable services from other programs. 29 U.S.C. § 721(a)(8)(B). This means that DOR will not pay for a service if a comparable benefit is available through another provider. For example, if Medicaid (called Medi-Cal in California) will pay for a service, DOR will not provide it.

The DOR counselor should assist the client in determining which similar benefits are available from another source through a similar benefit review. Cal. Welf. & Inst. Code § 19150(a)(13). If similar benefits are available, the Counselor shall deny the benefits that the client requests be supplied by DOR.

If the client is determined to be ineligible for the similar service from the other agency, the Counselor needs to:

• Verify the ineligibility
• Document the ineligibility and
• Authorize the service from DOR
  

CCR tit. 9 § 7196 (d)(1)

If the client has the similar benefit reduced or terminated by the other agency, the Counselor needs to:

• Verify the ineligibility
• Document the ineligibility; and
• Assess the circumstances with the client and:
• Authorize services from DOR for the service that is reduced or terminated and
• Amend the Individualized Plan for Employment.

CCR tit. 9 § 7196 (d)(2)

I received a Ticket to Work form Social Security Administration. What is it?

A Ticket, issued by the Social Security Administration (SSA), can be used to obtain employment services, vocational rehabilitation services, and other supportive services from the DOR or another employment network of your choice in order to become employed.

What is an Employment Network?

An employment network is an approved public or private employment service provider that will be authorized to accept your Ticket and provide the services necessary for you to become employed. These services could include, but are not limited to training, employment counseling, job seeking skills preparation and job placement.

For a list of local approved employment networks in your area call
1-866-968-7842, or 1866-8332968 (TTY/TDD) or go to http://www.yourtickettowork.com

What if I am currently working with the Department of Rehabilitation?

You can continue without interruption.  When you and your Rehabilitation Counselor have developed an Individualized Plan for Employment, you will be encouraged to assign your Ticket to the Department. However, you are not required to assign your ticket to the Department of Rehabiliation.

Will I be penalized if I choose not to use the Ticket? 

No, assignment of your Ticket to the DOR is voluntary and you will not be penalized.

What is an Individual Plan for Employment (IPE)?

An Individualized Plan for Employment (IPE) is an agreement jointly written by the client and his or her counselor from DOR. It is often referred to as an IWP, which stands for an Individualized Work Plan. The IPE (or an IWP) is a plan of action designed to achieve a vocational goal or to perform an extended evaluation to determine your employment potential. CCR tit. 9 § 7131.

What should be written into an IPE?

The IPE should set out your employment outcome, the specific vocational rehabilitation services that DOR will provide, and how DOR will get those services for you. The law requires your IPE to have certain provisions. For instance, the IPE must contain:

• The basis for DOR’s determination of your eligibility for services;
• Your intermediate goals
• Your long-term goals
• A time-frame for when the intermediate goals might be achieved
• The specific services DOR will provide
• When each service is supposed to begin and how long it will be provided
• A schedule of when and how your progress will be reviewed
• Your views about your objectives

34 C.F.R. § 361.46 and CCR tit. 9 § 7131.

The IPE should also have a description of your responsibilities such as, for example, the extent of your participation in paying for the cost of services. 34 C.F.R. § 361.46(a)(6)(ii).

The IPE should also contain a statement regarding your rights and responsibilities as well as those of the Department of Rehabilitation. CCR tit. 9 § 7018.

What types of transportation services are available?

DOR must provide transportation that is necessary for the purpose of providing vocational rehabilitation services. CCR tit. 9 § 7029. DOR may not pay for transportation costs for social, recreational, or personal purposes.  CCR tit. 9 § 7161. So, in order to get transportation, you must make sure that there is a vocational reason for the travel. Transportation includes relocating and moving expenses that are incurred because they are necessary to achieve a vocational rehabilitation objective. CCR tit. 9 § 7029.

I have a vehicle. Is DOR required to pay for my expenses?

No. DOR is not required to pay for your vehicle. They may insist upon you using public transportation. However, clients may be allowed to use their own vehicles upon a determination that either:

• You are required to use your own vehicle to complete your IPE or
• Using the public transportation would cause you an undue hardship
  

CCR tit. 9 § 7162(b).

What is an “undue hardship”?

When it comes to transportation, an undue hardship is determined using these factors:

• Your special needs
• The proximity of public transportation to your home and to your destination
• The frequency of the public transportation during the times of the day that you need it

CCR tit. 9 § 7162(b)(2).

Do have a right to participate in writing the IPE?

Yes, an IPE should be jointly written by the counselor and the client. Cal. Welf. & Inst. Code § 19104(b)(2). You are “a full partner in the planning and development of [your] rehabilitation program.” CCR tit. 9 § 7031. You should actively participate in writing your IPE because you get to choose your employment outcome. 34 C.F.R. §§ 361.45(b) & 361.46(a)(1). If you are not happy with it, you may express your dissatisfaction and may seek administrative or legal review. CCR tit. 9 § 7131(a)(10)(A).

I want to be self-employed can DOR still provide me services?

Yes, self-employment plans may be developed when it is a suitable vocational goal. In order for self-employment to be a suitable vocational goal, you must meet some conditions:

• You should have formal training or education in the occupational area
• You should have work experience in the area for at least one year
• At least one semester of formal education or six months of work experience in at least two of these areas: Business Administration, Office Management, Personal Administration, Accounting / Bookkeeping; Sales and Marketing.

The self-employment plan should be consistent with your medical disabilities and functional capabilities.

CCR tit. 9 § 7136.5.

How can I get a copy of my records?

According to federal law, the State must release information to an applicant or eligible individual when there is a written request by that applicant or individual. 34 C.F.R. § 361.38(c). Under the California regulations, an applicant or client can obtain his or her records from the Department upon request. CCR tit. 9 § 7141. There is no writing requirement in California; however, it is probably best if you request your records in writing.

To be a “full partner” in the development of your IPE –as is your right, you should have a full and unabridged copy of DOR’s assessment so that you can make an informed choice about your IPE. 29 U.S.C. § 720(b)(2)(B) and 34 C.F.R. § 361.52.

DOR is saying that I cannot have my records. Can they keep them from me?

The Department of Rehabilitation may refuse to release information under some circumstances. For example, if DOR determines that the information “may be harmful to the individual,” it can refuse to disclose. However, even under this circumstance, the information needs to be made available to the applicant or individual through a third party. See CCR tit. 9 § 7141 and 34 C.F.R. § 361.38.

Can I get my records in a language other than English?

Yes, let your DOR counselor know that you want your records translated. The counselor will help you get those records translated into a language that you understand. 29 U.S.C. § 720(b)(2)(D) and CCR tit. 9 § 7141(b).

Can I amend my record of services?

If you believe that the information in your record is inaccurate, you may request for it to be amended. If DOR decides not to amend your records according to your request it must document your request for an amendment. 29 U.S.C. § 720(b)(2)(E); CCR tit. 9 § 7141.5 and 34 C.F.R. § 361.38(c)(4).

How often should my IPE be reviewed?

Your have a right to have your IPE formally reviewed with your counselor once every year. CCR tit. 9 § 7031 and 34 C.F.R. § 361.45(d). This is your opportunity to take into account any changes that have occurred in the past year. During this review process, document your progress and take into account any other factors that impact the outcome of your IPE. CCR tit. 9 § 7133. For example, you might change intermediate goals or the time frame for completing a goal if your medical condition has changed. And remember, you are “a full partner in the planning and development of [your] rehabilitation program.” CCR tit. § 7031.

What if I don’t agree with how the IPE is being amended?

You can work with your DOR counselor to amend your IPE. 29 U.S.C. § 722(b)(2)(E)(ii). You are a partner in the redevelopment of your program’s terms. CCR tit. 9 § 7031(b)(1). You should be a full partner is amending your IPE. 34 C.F.R. § 361.45(d)(6). Amendments to your IPE do not take effect until you agree to them and sign the new agreement. 34 C.F.R. § 361.45(d)(7).

What can I do if I am having problems with my DOR counselor?

Try to resolve the issue with the counselor. Perhaps the counselor’s supervisor can be of assistance in working out any problems. Ask for a meeting with the counselor’s supervisor. If you are unable to resolve the problem with the supervisor, you may request the District Administrator conduct an Administrative Review. An Administrative Review should be requested within one year of the decision with which you disagree.

If you are not satisfied with the Administrative Review, you may request mediation and/or a Fair Hearing. You must make this request in writing and within 30-days of the Administrative Review decision. CCR tit. 9 § 7353(f).

You should contact your CAP advocate for assistance. (See questions 36 and 37, below, for more information about CAP). The CAP advocate may be able to help you in resolving your issues with DOR.

What if I don’t speak English or if I need a sign language interpreter?

You can have notices sent to you in your primary language or your preferred mode of communication. Once you make a specific request, DOR is supposed to provide you its notices and its decisions in your primary language or mode of communication. Cal. Welf. & Inst. Code § 19013.5 and CCR tit. 9 §§ 7152 & 7352.

How do I ask for an Administrative Review?

You must ask for an Administrative Review within one year of the decision with which you disagree. Your request must include the following information:

• The reason why you think the decision should be changed and
• What action you propose be taken

CCR tit. 9 § 7353(a)(3)

If I don’t speak English, will the Department assist me during the Administrative Review?

Yes. Interpreter and reader services must be provided to you for the Administrative Review. It is up to you to request these services. CCR tit. 9 § 7353(c). When you request language assistance, you should be clear as to what you want. If you would like an interpreter, be clear about that. If you also want to receive notices and decisions in a language other than English, make sure to be clear about this as well.

Can I request transportation to and from the Administrative Review?

Yes. You may request DOR to provide transportation for you to and from the administrative review. CCR tit. 9 § 7353(d).

Is the Administrative review mandatory?

No. The Administrative Review process is optional. You can ask immediately for a fair hearing. CCR tit. 9 § 7351(c).

Is mediation mandatory?

No. Mediation is also optional. 34 C.F.R. § 361.57(d). It is a confidential process that may assist you in resolving your dispute with DOR. Like the administrative review process, mediations do not delay the right to a Fair Hearing. CCR tit. 9 § 7353.6(b).

You may request mediation for a decision by the Department with which you disagree within one year of the date of the decision. The request for mediation must be made in writing using a form that you may obtain from your local DOR office. CCR tit. 9 § 7353.6.

If the Department agrees to mediate, the mediation will be held at a convenient time and location for all of the parties within 25 calendar days from when the request is received by the Mediation Coordinator. CCR tit. 9 § 7353.6(b) and (c) as well as 34 C.F.R. § 361.57(d).

For your convenience, a sample DOR mediation request form is attached as Appendix D.

What about the Fair Hearing process?

You can request a fair hearing to review an action by the Department. You must make your request for a fair hearing in writing and within one year of the day on which you received the notice of the action with which you disagree. CCR tit. 9 § 7354(a). A hearing will be held within 45-calender days from when your request is received. Id. § 7354(b).

For your convenience, a sample DOR Fair Hearing request form is attached as Appendix E.

Can the Department cut services that I am receiving until there is a decision?

No. Until the administrative review process or until the Rehabilitation Appeals Board has given a decision, the Department is not supposed to suspend, reduce, or terminate any services that are already being provided under an IPE. CCR tit. 9 § 7351(e).

What is the Clients Assistance Program (CAP)?

The Clients Assistance Program (CAP) is a federally mandated program under the Rehabilitation Act of 1973. 29 U.S.C. 701, et seq. CAP is available to help you understand your rights and responsibilities involving your right to services from DOR. CAP advocates may be able to help you resolve problems with your DOR counselor or assist and advocate on your behalf regarding vocational services while pursuing legal, administrative, or other appropriate remedies to ensure the protection of your rights. 29 U.S.C. § 732.

The Client Information Handbook has more info about CAP services. (The Client Information Handbook is attached as Appendix C.) To contact your local CAP advocate, call the CAP state referral service at:

1-800-952-5544 (voice) or
1-800-598-3273

What if I’ve already spoken with my CAP advocate and I’ve been determined ineligible for their services?

CAP is responsible under state and federal law for assisting and advising clients with their problems with DOR. 29 U.S.C. § 732 and Cal. Welf. & Inst. Code § 19011. Once you ask for CAP assistance, you should be referred to a CAP contractor in your local geographic area. CCR tit. 9 § 7146(a). You may ask that your request for CAP assistance be transferred from your local CAP contractor to a CAP contractor in a different geographic area. CCR tit. 9 § 7146(b). However, under the law, CAP has discretion in deciding what services it will provide. CCR tit. 9 § 7146(c).
If you are experiencing problems with your local CAP advocate, you may want to:

• Talk to your advocate to work out your differences.
• Speak with the advocate’s supervisor and try to explain your problem.
• Ask to have your request for assistance transferred to a CAP contractor in a different geographic area. However, realize that the next CAP contractor may not be close by. The contractor will serve a different geographic region. Their offices may be further away from your home. Moreover, your local CAP contractor has discretion as to whether it wants to transfer your case.
• Get an attorney. You have a right to be represented at the mediation or hearing. 29 U.S.C.A. 720(c)(3)(B). Contact non-profit organizations such as Disability Rights California, which may be able to provide you with some assistance.

Appendices

Appendix A – List of DOR offices - http://www.dor.ca.gov/eps/default.htm

Appendix B – DOR 222 form

Application - http://www.rehab.cahwnet.gov/eps/dr0222.rtf
Rights and Remedies attachment - http://www.rehab.cahwnet.gov/eps/dr1000.rtf

Appendix C – Client Information Handbook - http://www.rehab.cahwnet.gov/eps/handbook.rtf 

Appendix D – Request for Mediation form - http://www.rehab.cahwnet.gov/exec/DR106.rtf

Appendix E – Request for Fair Hearing Form - http://www.rehab.cahwnet.gov/exec/DR107.rtf

List of DOR (Department of Rehabilitation) Offices

 

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