CFR 361.42 Nebraska VR must presume that an applicant who (i) has an impairment, (ii) that impairment results in an impediment to employment, and that applicant (iii) requires VR services to prepare for, secure, retain, advance in, or regain employment can benefit in terms of an employment outcome and will be determined eligible for services.

Ineligible or no longer eligible requirements are applied without regard to:

• Type of disability
• Age, sex, race, color, or national origin 
• Type of expected employment outcome
• Source of referral 
• Service needs, anticipated cost of services required, or the income level of an individual or their family
• Employment history or current employment status and
• Educational status or current educational credentials

Individuals may be determined ineligible due to:

• No physical or mental impairment
• An impairment that does not constitute or result in a substantial impediment to employment 
• Not requiring VR services to prepare for, secure, retain, advance in, or regain employment
• Unable to benefit from VR services in terms of an employment outcome. Based on CFR 361.42, once an individual has completed the VR Application the assumption of benefit exists. Ineligibility determinations based on "cannot benefit from services" will only occur after the initial eligibility determination and an exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations (trial work experiences). 

No Longer Eligible: Clients previously determined eligible, including those receiving SSI/SSDI, may later be determined no longer eligible for VR services based on the severity of their impairment, if it has been determined by clear and convincing evidence the client cannot benefit from the provision of VR services in terms of an employment outcome. Prior to this determination, Nebraska VR must conduct an exploration of the individual’s abilities, capabilities, and capacity to perform in realistic work situations with the necessary supports. For further information, see Program Manual Trial Work Experience

12-Month Review. All cases closed no longer eligible for services due to the severity of the impairment, require a 12-month review after the closure date. The purpose is to determine if the individual's condition has improved and if they are interested in participating in VR Services. The review must include the prior client and authorized representative, as applicable. Additional reviews will be conducted annually thereafter if requested by the individual or their representative. The 12-month review is not necessary in situations where the individual has refused it, is no longer present in the State, their whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal. 

Safety. Staff and community safety are a top priority. If a question of ability to benefit from services stems from safety concerns, immediately discuss with Office Director and refer to the Violet and Disruptive Behavior chapter. 

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 (IPE), case closure (successful/unsuccessful), or at any time the client disagrees with a VR final decision.

 

 

All ineligible determinations require:

1. Review and assess data. Include specialist observation, medical records, information provided by the individual or the individual's family, information used by education officials, and determinations made by officials of other agencies.
2. Provide full consultation. Full consultation involves a discussion with the client and authorized representative, as applicable to explain the ineligibility or no longer eligible determination and include the specific, objective factors and evidence the decision is based upon with the applicant/client and involved parties, as applicable. This conversation is to be made in person, by phone, or as a last resort written communication unless the applicant/client has died, or there is no way to contact the individual. The best practice is also to inform the applicant/client a follow-up letter will be sent summarizing this discussion and decision to allow for additional questions while available in-person.
3. Complete information and referral, as appropriate. Consider appropriate federal, state, or local programs and/or service providers best suited to address independent living and/or employment-related needs. See Program Manual Information and Referral (I & R) to Other Programs
4. Complete QE2 task note documentation. Complete a task note detailing the case closure decision. 
5. Office Director reviews the case and makes 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.
6. Send the Office Director Letter with the Client Assistance Program (CAP) information for all ineligibility or no longer eligible decisions.
7. Close case. Choose the appropriate Ineligible exit status in QE2 ( 6, 8, 21, or 22) depending on the criteria on the Exit Status Decision Tree. The case should not be closed in the computer system (QE2) until 30 days have elapsed from the date of the final determination since the client/recipient has 30 calendar days to appeal. See Program Manual Chapter Client Appeals/Rights, Procedures 

Note: No longer eligible determinations based upon the client's inablility to benefit from services requires all the above criteria plus Trail Work Experiences. Once an individual has completed the VR Application the assumption of benefit exists. Ineligibility determinations based on "cannot benefit from services" will only occur AFTER the initial eligibility determination and an exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations (trial work experiences).  See the Program Manual Chapter  Trial Work Experience

 

 

 

Exit Status Decision Tree

Termination Letter for SSA Recipients in English

Termination Letter for SSA Recipients in Spanish

Termination Letter for Non SSA Recipients in English

Termination Letter for Non SSA Recipients in Spanish