Categorized In: Case Services - Closing the Case
Approved Date: November 23, 2020
Owner: Angela Fujan
In making a determination of 'ineligible' or 'no longer eligible,' no applicant or group of applicants is excluded or found ineligible solely on the basis of the type of disability. Eligibility requirements are applied without regard to:
Applicants for VR services may be determined ineligible due to:
Applicants receiving SSI/SSDI. Individuals who receive SSDI or SSI on the basis of thier disability meet all eligibility requirements, unless VR demonstrates by clear and convincing evidence they are incapable of benefiting in terms of reaching an employment outcome due to the severity of their disability. (Refer to VRIS - Eligibility - Social Security Recipients)
No Longer Eligible. Any client previously determined eligible including clients receiving SSI/SSDI may later be determined no longer eligible, based on the severity of their impairment, if the client cannot benefit from the provision of VR services in terms of an employment outcome. Prior to making this determination, VR must demonstrate this based on clear and convincing evidence which includes the use of trial work experiences.
An Ineligibility determination requires:
Full Consultation. An ineligible or no longer eligible determination is to be made only after providing the client or his/her representative, an opportunity for full consultation.
Office Director Review. The office director makes the final ineligibility determination.
Informed in Writing. The client must be informed in writing of an ineligible or no longer eligible determination, including the reasons for the determination and the means by which the client may express and seek remedy for any dissatisfaction.
If the reason for ineligibility is based on "unable to benefit from the provision of VR services in terms of an employment outcome,” additional steps apply:
Federal and State Rehabilitation laws require an individual intends to achieve an employment outcome and meet all the following criteria to be eligible for VR services:
If the reason for ineligibility is based on inability to “unable to benefit from services,” the additional to the steps apply:
511 Cases - Individuals intending to begin special (sub-minimum) wage employment or SMW:
* Please note: if individual starts special (sub-minimum) wage employment or SMW after the VR case is closed, the 14c certificate holder is responsible to refer the person back to Nebraska VR for CCIR (Career Counseling and Information & Referral) obligations.