Vocational Rehabilitation Services Case Closure Fact Sheet

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Vocational Rehabilitation Services Case Closure Fact Sheet

This pub tells you when the Department of Rehabilitation (DOR) can close your case. It tells you how you will know when DOR closes your case. It tells you how to get help if you do not want your case closed.

Disclaimer: This publication is legal information only and is not legal advice about your individual situation. It is current as of the date posted. We try to update our materials regularly. However, laws are regularly changing. If you want to make sure the law has not changed, contact DRC or another legal office.

 

What does it mean when the Department of Rehabilitation (DOR) says that my case is closed?

Case closure is when DOR decides it will no longer provide you with vocational rehabilitation services. Title 9 of the California Code of Regulations sections 7179 through 7181.1 set forth DOR and the client’s responsibilities related to case closure.

When can DOR close my case?

By law, DOR can close your case when:

  • You have reached your work goal and no longer need DOR services to keep your job and DOR has provided all of the agreed upon services in your Individualized Plan for Employment (IPE);
  • You are found ineligible for DOR services based upon certain criteria, including that your disability is so severe that you cannot benefit from DOR services;
  • You choose not to participate in DOR’s program or you cannot participate in DOR’s program for some other reason. Examples include if you have serious health problems which prevent you from participating in DOR’s program even with reasonable accommodations; if you decline or are unavailable to participate in DOR required evaluations for eligibility purposes; if DOR does not have current contact information and cannot locate you; if you are in an institution, such as a hospital or jail, for a long period of time; or if you have engaged in criminal activity while accessing DOR services.

How will I know if DOR closes my case?

DOR must send you a written notice telling you that your case has been closed. The notice is required to have information about why your case was closed, information about your appeal rights including mediation, administrative review, the fair hearing process, and information about the Client Assistance Program.

What can I do if I disagree with DOR’s decision to close my case?

DOR has different levels of appeal. The first level of appeal is to speak with your rehabilitation counselor and/or your counselor’s supervisor about your case closure. This process might work, for example, when your DOR case has been closed because you could not be found but were later in contact with DOR; or, in situations where you are in fact making progress toward your IPE goal but DOR was not aware of your progress. DOR may be required to review your closed case, if requested by you and your case was closed in the prior 12 months. In some circumstances, DOR will agree to re-open your case if you can show that you are ready to make progress toward your IPE goal or comply with DOR’s requests.

If you disagree with DOR’s decision to close your case, you may also request an administrative review with the DOR District Administrator, mediation and/or a fair hearing within one year of DOR’s decision. For more information about your appeal rights and timelines that may apply in your situation go to DOR’s link: http://www.rehab.cahwnet.gov/Appeals/FairHearForms.html#DR107.

Can I re-apply for DOR services after my case was closed?

Yes, you can re-apply for services if you need services again from DOR. DOR will need to make an eligibility determination and help you develop a new IPE.

DOR may also consider information in your prior DOR case file in determining your eligibility for services when re-applying for DOR services. For information about DOR eligibility please refer to CAP’s fact sheet entitled Eligibility for Vocational Rehabilitation Services at: Eligibility for Vocational Rehabilitation Services Fact Sheet