For the purpose of this chapter, “client” means, applicant, client receiving services and "recipient" means pre-employment transition students.

VR staff must fully consult with the client/recipient and if appropriate his/her authorized representative in person, by phone, or as a last resort by letter (email/text) for all dissatisfaction of service provision or determination of ineligible/no longer eligible, unless the client/recipient has died, or there is no way to contact the individual.

VR cannot reduce, suspend, or stop disputed VR services currently being provided to a client/recipient at the time of the filing of the petition, including assessment services and IPE development, pending informal resolution, mediation, or a determination by an impartial hearing officer unless:

• The client/recipient, or authorized representative requests the reduction, suspension, or termination of the service; or
• VR has evidence the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct by the client/recipient, or his/her authorized representative.

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

When a client/recipient disagrees with the final determination, the client/recipient shall be informed in writing of the:

• Availability of assistance from the Client Assistance Program;
• Right to a timely review through an impartial due process hearing; and
• Right to pursue mediation.

 

If a client/recipient expresses dissatisfaction with a VR Specialist determination affecting the provision of services or involves a determination of ineligible/no longer eligible:

1. The VR Specialist must fully consult with the client/recipient and if appropriate, authorized representative face-to-face or by phone, or as a last resort in writing (letter/email/text), unless the client/recipient has died, or there is no way to contact the individual. 
2. If the client/recipient or authorized representative is dissatisfied with the determination or if the determination is ineligible/no longer eligible, the VR Specialist summarizes in QE2 task notes the decision and the rationale it is based upon and notifies the office director.
3. The office director reviews the case, fully consults with the client/recipient and if appropriate authorized representative, in person or by phone, or as a last resort in writing to make the final determination. If the office director made the original determination or was involved in making the original determination, the review is to be conducted by a different office director who will make the final determination. 
4. If client/recipient is dissatisfied with final determination, send the Office Director Letter by mail to the client/recipient and if appropriate authorized representative. This letter informs the individual of the final determination in writing, as well as the individual's rights and the Client Assistance Program. The Office Director Letter must be sent by mail to ensure lack of internet or phone does not preclude the individual from receiving the information. 
5. If the final determination involves an ineligible or no longer eligible decision, the case shall remain open for 30 calendar days from the date of the final determination to allow the client/recipient to appeal. 
6. VR cannot reduce, suspend, or stop disputed VR services currently being provided to a client/recipient at the time of the filing of the petition, including assessment services and IPE development, pending informal resolution, mediation, or a determination by an impartial hearing officer unless:

• The client/recipient or authorized representative requests the reduction, suspension, or termination of the service; or
• VR has evidence the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct by the client/recipient, or his/her authorized representative.

Client Assistance Program Process:

• Client Assistance Program (CAP) services are available to PreETS/Transition students, VR applicants and recipients of services.
• When a client makes a complaint (written or verbal), to the Client Assistance Program (CAP) the Director must first follow up with the VR specialist. 
• If the specialist stands by the decision but CAP determines the decision is not based on VR’s policies and procedures or disagrees with the decision, CAP can contact the office director. 
• If the office director stands by the decision but CAP still determines the decision is not based on VR’s policies and procedures or disagrees with the decision, CAP can take the next step of contacting the VR Ombudsman (Paige). The VR Ombudsman will determine if the office director is correctly applying VR’s policies and procedures and will communicate with the office director’s supervisor and follow back up with the CAP Director. 
• The CAP Director will follow back up with the client and determine next steps.
• Nebraska VR must provide the CAP information to clients during the application process, when developing the individualized plan for employment, case closure (successful/unsuccessful) or at any time the client disagrees with a VR final decision.

Office Director Letter

Mediation Referral