Termination other than Ineligibility

INELIGIBLE AND NO LONGER ELIGIBLE: See Program Manual chapter Ineligible, No Longer Eligible

361.44 Closure without eligibility determination. The designated State unit (VR) may not close an applicant's record of service prior to making an eligibility determination unless the applicant declines to participate in or is unavailable to complete an assessment for determining eligibility and priority for services, and the State unit has made a reasonable number of attempts to contact the applicant, or if appropriate, the applicant's representative to encourage the applicant's participation. 

361.47(a)(3) Record of service. The designated State unit (VR) must maintain for each applicant and eligible individual a record of services that includes, to the extent pertinent, documentation for closing an applicant's or eligible individual's record of service if that closure is based on reasons other than ineligible, including as appropriate, documentation indicating that the State unit has satisfied requirement in 361.44 (below).

CLIENT ASSISTANCE PROGRAM: Nebraska VR must provide the Client Assistance Program (CAP) information to clients during the application process, when developing the individualized plan for employment, at case closure or at any time the client disagrees with a VR final decision.

EXIT REASONS: See Exit Status Decision Tree.

Active cases may be closed for reasons other than ineligibility. Reasons may include: unable to locate, transferred to another agency, voluntarily withdrew, death or other reasons unrelated to the eligibility criteria. 

The individual must be provided:

• Full consultation

• Notification in writing of the action taken, stating the reason for the closure

• Information of their rights and the Client Assistance Program (CAP)

1. FULL CONSULTATION: with the individual is required for all determinations, including case closure. Full consultation is defined as, providing the individual with the specific reasons for the determination and the supporting information this decision is based upon. The VR specialist must fully consult with the client/recipient, and as applicable, their authorized representative in person, by phone, virtually, or as a last resort in writing (email/text/letter); unless the client/recipient has died, or there is no way to contact the individual to discuss the case termination and the rationale behind the decision. 

Agreement. If the Individual agrees with the decision, complete the termination in QE2.  Send the individual the appropriate termination letter confirming the decision and providing information of their rights, the Client Assistance Program (CAP) and, as applicable, Ticket to Work assignment.

Disagreement. If the client or applicant does not agree with the decision, the office director must be consulted. The office director then sends the appropriate termination letter, if in agreement with the VR Specialist's decision. See Program Manual chapter  Client Appeals, Rights. 

If the client is a SSA beneficiary:

• Check the client's Ticket to Work status by contacting the VR Assistant Director and providing the client's case number. The individual's status will be confirmed and reported back to you. This process ensures Nebraska VR provides accurate information to the client verbally and in writing about the Ticket to Work status, effect on benefits and action required when VR terminates the case. See Program Manual Chapter Ticket To Work.
• Based on the information obtained regarding the client's Ticket to Work status, provide the following applicable information: 

If the client’s Ticket is assigned to VR explain:

• Ticket will be unassigned when VR terminates the case.  
• Ticket must be assigned within 90 days to an Employment Network in order to maintain protection from Continuing Disability Reviews (CDR).  
• A letter will be sent from Nebraska VR to provide the contact information for the Employment Networks in Nebraska.

If the client’s ticket is not assigned to VR:

• Inform the client of the ticket status and inform them they may contact Cognosante (at 1-866-742-7594) to ask about the status of their ticket. (Since the ticket has not been assigned to VR, closure of the case with VR will not affect the client’s Continuing Disability Review cycle with SSA, but they may have questions about how / if they can use their ticket and can seek answers from Maximus.)     

2. UNABLE TO CONTACT: Several attempts to contact the applicant or recipient, through a variety of methods (phone, email, text, postal mail, etc.) must be completed and documented in QE2.

• Contact Letter. If the individual's preferred method of contact is not producing results, other methods must be tried. If the Contact Letter does not generate a response, attempts should be made to contact others (service provider, parent, spouse, neighbor, friend, etc.), who are included on the VR Release of Information and may have the individual’s current contact information to re-establish services. If the outreach to others and the Contact Letter do not generate a response from the individual, send the 15-Day Letter.  Exception: If the rare occasion arises, when all methods of contact have been exhausted and there is also no current phone, email or postal address available to contact the individual, case closure may be completed without sending the 15-Day Letter, as there is no known address to send the additional correspondence. Document all attempted contacts to include method used in the casefile as well as the rationale for not sending the 15-Day Letter.

• 15-Day Letter. It is not appropriate to send the 15-Day Letter without first trying several methods of contacts, to include the Contact Letter. The 15-Day Letter is considered VR's final attempt to contact the client when all other options have failed. This letter is used when an individual has not maintained contact, responded to letters, returned phone calls, or generally failed to respond to attempts to encourage participation. Since the individual is not available for consultation, the 15-Day Letter suffices as notification of VR's intent to close the case. If the individual does not respond within 15 days, it is assumed they are no longer interested in services, the case can be terminated in QE2 and the official termination letter is sent to the individual by postal mail or available email.  In this situation, the case will be closed and coded as Exit 17 (unable to locate or contact). Staff must document all steps taken in task note(s).

3. TERMINATION LETTER: ALL individuals will be sent a termination letter except those in referral status, died, or no current address (postal or email) is available. In these cases, document in the casefile the situation and rationale for not sending the final termination letter. The individual must receive a full consultation reguarding the termination prior to sending the appropriate termination letter, if possible. This letter confirms the closure of an individual’s case, the rationale for the decision and the availability of resources from the Client Assistance Program (CAP). The termination letter shall be sent to the client by their preferred method of contact unless this method has been determined to be unsuccessful and another means of contact must be utilized. The termination letter is sent by the specialist unless there is disagreement, and the office director is consulted and required to sign and send the Letter. 

For Social Security Recipients:

• If an individual is receiving SSA Benefits, the letter will provide Ticket to Work instructions (Ticket to Work was assigned to VR, or Ticket to Work was not assigned to VR.) 

• If the termination is prior to IPE approval, the letter will not discuss TTW assignment. 

For Spanish translation of the Termination Letter’s narrative section: 

• • Utilize Google translate and have one of our VR bi-lingual staff review the translation for accuracy prior to sending the letter to the individual. 
  • Best practice is to include the English version when sending the appropriate termination letter to the client to accommodate individual’s unique translation needs. 

3. NOTIFICATION: Notify other involved parties, as applicable, including parent, Developmental Disabilities Service Coordinator, and others who are providing VR services.  

4. AUTHORIZATION: All authorization end dates must be reached before closure can be approved. This includes authorizations that have a $0 balance due to unencumbering funds. Exceptions: authorizations that have been paid in full (original authorized amount = payment amount) or authorizations for supported employment services.

5. QE2:

• Once the decision has been made to terminate the client's case, update the outcome for each service.

• Select Terminate Case under the Action Tab.

• Complete WIOA Exit Data Questions. Answers may not be left blank. If client refusal to answer/does not know/unable to locate: Use other resources available to find the information (i.e.: HHS, Worker's Comp, etc.) and/or answer the question to the best of your knowledge at the time of exit.

• Complete recoupment process on all existing equipment issuance items, if applicable. Equipment Issuance and Recoupment

• Choose the type of termination, based on the circumstances that lead to the closure. See Exit Status Decision Tree for assistance. 

7. CASE DOCUMENTATION: The QE2 automated task note at closure is not adequate to serve as the required case closure documentation, as it does not provide the specific information and rational for the decision. Task notes must include a summary of the evidence the closure decision is based upon. There must be clear documentation in the task notes that show the individual received a full consultation unless VR was unable to contact. If contact was not possible, case notes must show proper closure procedures were followed by documenting all means and dates of attempted contact. Maintain a copy of all letters sent to the client in the casefile.

 

15 Day Letter - English

Termination Letter for Non SSA Recipients in English

Exit Status Decision Tree

Contact Letter - English

Termination Letter for SSA Recipients in English

Termination Letter for SSA Recipients in Spanish

Termination Letter for Non SSA Recipients in Spanish

Termination Letter for Non SSA Recipients in English

Contact Letter - Spanish

15 Day Letter - Spanish