Where your future begins
Where your future begins
Contact: Angela Fujan
Created: 03/01/2024
Date Emailed to Staff: 06/06/2025
Effective Date:
Summary of Changes
Added:
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.
No Longer Eligible: 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
Unable to benefit from services determination. 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).
12-Month Review. All cases closure 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.
Saftey. 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.
Forms - New or Revised
NA
QE2 Update
Trial work experience definition has changed, and it is no longer a selectable service or program chapter, but rather a reference to a variety of realistic work settings (OJE, OJT, etc.)
Team Communication
OD please review with your team
VRIS Posting
https://webforms.nebraska.gov/program_manual_chapters/1122
Monitoring Requirements
Case Reviews
Training Dates
May & June 2025