[Home-on-the-range] Financial participation in a VR case and the needs test when a person is SSDI elligible

[Tom Page]

Hello listers,
  For some time we have been receiving complaints from blind persons recieving SSDI that they are being denied services or being told that they will have to participation in payinh for their VR services.  This complaint has come up recently in Wichita with an individual who was willing to take their complaint all the way.  This has led to an "emergency" training of the Wichita counselors and the office has dropped its long standing needs testing shadow policy.  At least for a while.  
  I have pasted the text of the federal code that covers this issue.  If you hear of some one in your area who is SSDI elligible being required to fill out any needs test paperwork please put them in touch with Donna Wood or myself (316-267-7868).  This latest version of the code has been in place since 2001 and it is high time that the Kansas Rehabilitation Services comply with the law.
  The text is not all that long but I put a * in to the left of the most important lines.
Thanks,
Tom
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Sec. 361.54 Participation of individuals in cost of services based on financial need.
 
(a) No Federal requirement. There is no Federal requirement that the financial need of individuals be considered in the provision of vocational rehabilitation services.
(b) State unit requirements.
 
(1) The State unit may choose to consider the financial need of eligible individuals or individuals who are receiving services through trial work experiences under Sec. 361.42(e) or during an extended evaluation under Sec. 361.42(f) for purposes of determining the extent of their participation in the costs of vocational rehabilitation services, other than those services identified in paragraph (b)(3) of this section.
(2) If the State unit chooses to consider financial need--
 
(i) It must maintain written policies--
 
(A) Explaining the method for determining the financial need of an eligible individual; and
(B) Specifying the types of vocational rehabilitation services for which the unit has established a financial needs test;
 
(ii) The policies must be applied uniformly to all individuals in similar circumstances;
(iii) The policies may require different levels of need for different geographic regions in the State, but must be applied uniformly to all individuals within each geographic region; and
(iv) The policies must ensure that the level of an individual's participation in the cost of vocational rehabilitation services is--
 
(A) Reasonable;
(B) Based on the individual's financial need, including consideration of any disability-related expenses paid by the individual; and
(C) Not so high as to effectively deny the individual a necessary service.
 
* (3) The designated State unit may not apply a financial needs test, or require the financial participation of the individual--
 
* (i) As a condition for furnishing the following vocational rehabilitation services:

* (A) Assessment for determining eligibility and priority for services under Sec. 361.48(a), except those non-assessment services that are provided to an individual with a significant disability during either an exploration of the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences under Sec. 361.42(e) or an extended evaluation under Sec. 361.42(f).
* (B) Assessment for determining vocational rehabilitation needs under Sec. 361.48(b).
* (C) Vocational rehabilitation counseling and guidance under Sec. 361.48(c).
* (D) Referral and other services under Sec. 361.48(d).
* (E) Job-related services under Sec. 361.48(l).
* (F) Personal assistance services under Sec. 361.48(n).
* (G) Any auxiliary aid or service (e.g., interpreter services under Sec. 361.48(j), reader services under Sec. 361.48(k)) that an individual with a disability requires under section 504 of the Act (29 U.S.C. 794) or the Americans with Disabilities Act (42 U.S.C. 12101, et seq.), or regulations implementing those laws, in order for the individual to participate in the VR program as authorized under this part; or
 
* (ii) As a condition for furnishing any vocational rehabilitation service if the individual in need of the service has been determined eligible for Social Security benefits under Titles II or XVI of the Social Security Act.
 
(Approved by the Office of Management and Budget under control number 1820-0500)
 
(Authority: Section 12(c) of the Act; 29 U.S.C. 709(c))