1. Complete the priority group determination immediately following the eligibility determination, when feasible.
2. Rate the functional area or areas the individual has limitations in that were a part of the eligibiilty determination in QE2.

   • Very low: Meets one or more of the indicators of a serious functional limitation
   • Low: Does not meet one of the indicators of a serious functional limitation but does result in a substantial impediment to employment.

The agency must provide the full range of services listed in the Rehabilitation Act, as appropriate, to all eligible individuals who apply. In the event that services cannot be provided to all eligible individuals the agency must implement an order of selection policy. While the agency is currently not under an order of selection, the agency's practice is to still placed clients into a priority group

An individual’s priority in the order of selection will be determined at the time of eligibility for services based on the individual’s current situation and not based on projected job goals or limitations the individual might have in the future. Client can subsequently be moved to a higher priority group if information becomes available indicating additional serious functions.

The order of selection must be based on a refinement of the definition of ‘individual with a significant disability’ in the Rehabilitation Act.

When funding is not sufficient to serve all eligible individuals those in Priority Group One will be served first, those in Priority Group Two second and those in Priority Group Three served last.

• Priority Group One: Any eligible individual who:

  • Has a severe physical or mental impairment resulting in a rating of very low in two or more functional areas

• Priority Group Two: Any eligible individual who:

  • Has a severe physical or mental impairment that results in a very low rating in one functional area, or
  • Receives SSDI or SSI based on a disability. Individuals who receive SSDI or SSI automatically qualify for priority group two and are assessed to determine whether they qualify for priority group one.

• Priority Group Three: All eligible individuals. These individuals must have a low rating in at least one of the seven functional areas.

The distinction between a substantial impediment to employment for purposes of eligibility and a serious functional limitation for purposes of establishing priority for service is one of degree and scope. The degree and scope is serious if an individual can only perform a function, or can only learn to perform a function with a significant accommodation and/or substantial support. A Very Low rating to a functional capacity area is evidence of a serious functional limitation.

Communication: Ability to effectively exchange (give or receive) information through words or concepts. Includes speaking, reading, hearing, writing, and understanding. Evidence of a serious functional limitation includes any one of the following:

• An individual with a Pure Tone Average hearing loss of 71 dB or greater in the better ear.
• An individual who is unable to produce speech or has a pattern of oral expression and articulation that is so severe that the individual’s interaction at work or training with co-workers has been or will be significantly limited. Accents, mild stuttering, lisping, etc. would not be considered a serious functional limitation in communication.
• An individual who has had or will have significant difficulty understanding (other than hearing) and/or processing verbal communication needed to successfully prepare for, get, or keep employment and requires or will require cognitive accommodations.
• An individual who cannot read, print, write, or understand short notes such as ‘Out of Order’, ‘Don’t Walk’ or other simple written sentences containing common words and phrases.

A communication problem resulting from a language or cultural difference is not a serious functional limitation in communication.

Interpersonal Skills: The ability to establish and maintain personal, family, work and community relationships as it affects or is likely to affect job performance and/or job retention. Evidence of a serious functional limitation includes any one of the following:

• An individual with a history of inappropriate or disruptive behaviors that has led to negative consequences in an educational, vocational training setting, and/or work.
• An individual who talks in an excessively halting, illogical, irrelevant, inappropriate manner, or of an unnatural volume that has affected or could affect working relationships. Situations where the individual is merely shy, irritable, or has some trouble getting along with supervisors and/or co-workers is not an indication of a serious functional limitation in interpersonal skills.

Mobility: The physical, cognitive and/or psychological ability to move about from place to place inside and outside the workplace, home, or community including travel to and from community destinations. Evidence of a serious functional limitation includes any one of the following:

1. An individual who cannot independently arrange and/or drive or use private (auto) and/or public transportation. Limitations due to the lack of a driver’s license (reasons unrelated to disability), geographic location, or availability of transportation are not indicators of a serious functional limitation in the area of mobility.

2. An individual who cannot get to or from work, or move about in the work place, or training site without significant vehicle modifications, work place accommodations, and/or durable medical goods. Self Care (includes Self Care ADL): The physical and cognitive skills needed to perform activities of daily living such as eating, toileting, grooming, dressing, money management, and management of special health or safety needs as it relates to employment. Evidence of a serious functional limitation includes any one of the following:

3. An individual who must live in or will need to live in a group home, or other supported residential setting that provides self-care help and safety. May include living with family members, but not for economic, social, or personal reasons. Short term or temporary placement in a facility such as drug & alcohol treatment program is not an indicator of a serious functional limitation in self care.

4. An individual who requires a personal care attendant or other assistance for activities of self-care and daily living.
5. An individual who is unable to self-manage/administer his/her medications.
6. An individual who or will require a conservator or payee to handle finances. Self care focuses on the cognitive and/or physical ability to perform a self care task not the person’s choice of whether or not to perform a self care task.

Self Direction: The ability to independently plan, initiate, organize, or carry out goal directed activities and/or solve problems. Evidence of a serious functional limitation includes any one of the following:

• An individual who is unable to independently plan, manage or resolve problems in daily life that requires or will require cognitive accommodations (cell phone, digital recorder, PDA, iTouch, iPhone, iPad, etc.), and/or substantial ongoing support (case manager, therapist, DD provider, DD service coordinator, guardian, family member, etc.).
• An individual who is unable to recognize consequences, or self-correct inappropriate behaviors during training, a job search, or on a job that has led or will lead to problems in obtaining a job, job retention, and/or job safety. The individual requires or will require substantial ongoing support (case manager, DD Services Coordinator, DD Provider, on and off-site job coach, etc.). Attending a peer support group or having a sponsor (AA, NA, etc) is not considered substantial ongoing support. Court order treatment does not necessarily mean an individual has serious functional limitations in self-direction.

Difficulty with relationships should be considered under Interpersonal Skills. Inability to live independently should be considered under Self-Care.

Work Skills: The ability to learn and/or do specific skills required in carrying out job functions. Evidence of a serious functional limitation includes any one of the following:

• An individual whose ability to perform and/or learn job tasks is so severe that his/her vocational choices will be limited to jobs with routine and repetitive tasks.
• An individual who will be unable to learn the specific tasks of the job without a job coach. An individual whose work speed or quality of work has been or is likely to be significantly below competitive standards and the individual requires or will require selective placement, or other special training, accommodations, or technology to learn and/or perform the work skills competitively. Training or accommodations that would be beneficial but are not required to learn and perform the job tasks would not be an indicator of a serious functional limitation in work skills.
• An individual who has had or will have significant issues in remembering job duties. The need for post secondary education or other training in order to acquire the skills and knowledge to perform a particular job is not an indicator that there is a serious functional limitation in work skills

Work Tolerance: The ability to carry out required physical, emotional, and cognitive demands of work in an efficient and effective manner over a sustained period of time. Evidence of a serious functional limitation includes any one of the following:

• An individual who has been restricted for a significant period of time to part-time work, or will be restricted for a significant period of time to part-time work.
• An individual who has repeatedly lost jobs because of multiple hospitalizations or treatments that interfered with maintaining employment.
• An individual who has limitations in strength, range of motion, flexibility, and/or physical, cognitive, or emotional stamina so severe that it affects the individual’s ability to perform any job consistently over time. Having limitations that have affected or would affect just some jobs is not a serious functional limitation in work tolerance.
• An individual who cannot adjust to a new work setting without the assistance of substantial supports (on or off site job coaching). Would not include the use of a job coach to learn work/job skills.
• An individual who requires or would require significant worksite accommodations or modifications (i.e. job carving, job restructuring, flexible schedule, etc.) in order to meet work demands.

Use of a telephone headset, electric stapler, ergonomic chair, ergonomic keyboard, or other accommodations and devices that are beneficial, but are not required to perform the job tasks would not be an indicator of a serious functional limitation in work tolerance.

Individuals who chose to work part-time for other than work tolerance issues related to the impairment would not have a serious functional limitation in work tolerance.

Functional Capacities Checklist