Contact: Angela Fujan Created: 02/15/2022 Date Emailed to Staff: 06/26/2023 Effective Date:
Summary of Changes
Updated:
Title of the chapter from "Eligibility and Eligibility Extensions" to "Eligibility," as "Eligibility Extensions" was separated out into a chapter of it's own and all eligibility chapters were incorporated into this chapter. With the ability to have separate process sections, added the Eligibility - Veterans and Eligibility - Worker's Comp chapters, so all eligibility information is in one chapter.
Moved information from Background and Training to Policy (Who can diagnose, MDT guidance, information on selected impairments, veterans, worker's compensation, and cases open in 2 states).
Timeline: Per federal regulations, eligibility must be approved as soon as medical documentation is received, but no later than 60 days of the application for VR service, unless exceptional and unforeseen circumstances preclude VR or an exploration of the individual's abilities, capabilities, and capacity to perform in work situations preclude making this determination within the allotted timeframe. Every effort should be made to get available medical records and existing information within the specified 60-day time frame to avoid completing an eligibility extension. An eligibility extension requires the applicant be consulted AND agree to the extension as well as a specific date for completion of the determination. The Eligibility Extension MUST be completed and approved in QE2 prior to the 60-day deadline expiring.
Separated eligibility process for SSI/SSDI and Non-SSI/SSDI Recipients as Social Security Recipients are presumed eligible, so TWE is only conducted after eligibility. Non-SSI/SSDI can participate in TWE before or after eligibility.
Definitions:
Terminology from "preparing for, entering into, engaging in, or retaining employment" to "securing, retaining, advancing in, or regaining employment" to achieve their maximum potential.
Eligibility of Social Security Recipients: from "receive benefits" to "verified eligible" for SSDI or SSI based on their disability as an individual may not be receiving a check, but still eligible for benefits.
Removed:
Verification of authorization to work as this is a requirement to receive VR Services, but not a part of eligibility.
Trial Work Experience information, as the information is included in the Ineligible/No Longer Eligible Chapter and provided the link.
Eligibility Extension as it is now a separate chapter.
Added:
Presumed eligibility for Social Security Recipients An applicant for Nebraska VR who has been verified eligible for Social Security benefits based on their disability and intends to achieve an employment outcome is presumed eligible for vocational rehabilitation services and at minimum such individuals are considered to have a significant disability (Priority 2).
Clarification of eligibility is also based on whether an applicant intends to achieve an employment outcome.VR is responsible to inform the applicant that individuals who receive VR services must intend to achieve an employment outcome. The applicant's signature on the application requires that they attest to their intention to work, and this information must be reviewed with the applicant, so they can make an informed decision to apply. Their signature on the application is sufficient evidence of the individual's intent, and no additional evidence is required.
Prohibited factors when determining eligibility include employment history, current employment status, and educational status, or current educational credential.
Clarification of determining primary impairment - Determination is made by the VR Specialist of which impairment causes the greatest impediment to employment, not order listed on medical verification.
Added federal language to: Eligibility must be completed within 60 days of the application for VR service unless exceptional and unforeseen circumstances beyond the control of VR or an exploration of the individual's abilities, capabilities, and capacity to perform in work situations preclude making this determination within the allotted timeframe. If so, the applicant must be consulted AND agree to the extension as well as a specific date for completion of the determination.
Definition of the 3 priority groups and process for the eligibility letters, Spanish letters, and upgrading Priority Group after eligibility.
Moved the information about Priority Group determination as a required step for eligibility completion, as the functional capacities must be completed in QE2 to finalize the eligibility process and generate the QE2 automated Eligibility Letter.
Provided more clarification to MDT limits and School Psychologist.
Forms - New or Revised
Attached Eligibility and OOS Upgrading Priority Group Letters
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