Categorized In: Case Services - Closing the Case
Approved Date: June 06, 2025
Owner: Angela Fujan
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:
Individuals may be determined ineligible due to:
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:
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
Approved Date | ||
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June 26, 2023 | Show this Archived Version | |
May 24, 2021 | Show this Archived Version | |
November 23, 2020 | Show this Archived Version | |
October 02, 2018 | Show this Archived Version |