1. The specialist makes a determination of ineligible or no longer eligible.
2. The specialist will fully consult with the client.
3. The specialist will follow the process in the Client Appeal Rights/Procedures chapter.
4. If the reason for ineligibility is “cannot benefit from services,” the specialist will:

   • Inform the client that he or she will be contacted in 12 months to review their situation to determine if at that time, they are capable of achieving an employment outcome.
   • Mark his/her calendar to contact the "no longer eligible" client 30 days before the 12 month review date to conduct the assessment of his/her current situation.
   • Document the assessment in the QE2 Task Notes and take any appropriate action.

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.

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. The Office Director Letter must be sent to the client.

Review Required. If determined ineligible or no longer eligible based on a finding that the client is incapable of achieving an employment outcome, the client’s situation must be reviewed with the him/her within 12 months and annually thereafter if requested by the client or by the client's representative. This review need not be conducted in situations in which the individual has refused a review, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.

Applicants receiving SSI/SSDI. Applicants who receive SSDI or SSI based on their disability are automatically eligible for services and must be placed in either Priority Group Two or Priority Group One.

All other applicants. Applicants for VR services not receiving SSI/SSDI based on their disability may be determined ineligible because;

• the applicant does not have a physical or mental impairment;
• the applicant's impairment does not constitute or result in a substantial impediment to employment;
• the applicant cannot benefit in terms of an employment outcome from the provision of VR services. Prior to making this determination VR must demonstrate their inability to work based on clear and convincing evidence which includes use of trial work experiences; or
• the applicant does not require VR services to prepare for, secure, retain, or regain employment.

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 in terms of an employment outcome from the provision of VR services. Prior to making this determination, VR must demonstrate this based on clear and convincing evidence which includes the use of trial work experiences.

Office Director Letter