[nfbmi-talk] is this your experience?

Mon Aug 23 17:41:12 UTC 2010

Hello Joe,

All great rhetoric.  MPAS does not even return phone calls in many cases.
As we heard in the college policy meeting, they encourage the agency to
implement illegal rules with no protest or acknowledgement of their illegal
nature.  The whole Michigan advocacy system, under the official services is
corrupt and bankrupt.  There is no protection or advocacy  from MPAS.  They
ought to be prosecuted for taking money under false pretenses.  

At least the MCB tries to convince people their illegal acts are legal.
MPAS knowingly allows MCB to violate the law and does not take action as
they are mandated to do.  Forget "mandated, they are being paid to call the
agency on illegal actions.  It is some of the worst kind of corruption, in
my view.

Now, MCB has taken the position that since we are exercising our rights
under the OMA to challenge the legality of a recent meeting, they are
forbidden from even talking to members of the NFB.  This is preposterous.
The only means of redress under the OMA is a court challenge.  This in no
way threatens anyone or is cause for shunning.  I think it may be a
violation of the law for officials to refuse to communicate or work with our
members because of an OMA suit.  Again, the whole system is corrupt and
bankrupt.  We will overcome this and make our agency a user-friendly place
where everyone is treated with respect and assisted to aspire to first-class
citizenship.

Warmest Regards,

Fred

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Monday, August 23, 2010 12:07 PM
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Subject: [nfbmi-talk] is this your experience?

http://www.mpas.org/Article.asp?TOPIC=10650

Michigan Protection & Advocacy Service

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Vocational Rehabilitation Services

VOCATIONAL REHABILITATION SERVICES

Vocational Rehabilitation (VR) Services are provided through State
Designated Agencies with federal funding. VR services are any services
identified in

the Individual Plan for Employment as necessary to assist an individual to
prepare for, secure, retain or regain an employment outcome that is
consistent

with the strengths, resources, priorities, concerns, abilities,
capabilities, interests and the informed choice of the individual. VR
services are not

an entitlement program. In order to be considered an eligible individual, a
person must:

Have a significant disability

Have an impediment to employment

Be able to benefit from a rehabilitation program.

Applying for services

Applications for services cannot be denied to anyone. The state VR agency
must prove that an individual could not benefit from services with clear and
convincing

evidence based on the severity of the disability. If it is unclear what
kinds of services are needed, the VR agency must give the customer trial
work experiences

to determine what services would be helpful. Someone who is receiving Social
Security Disability benefits (SSI of SSDI) is considered an eligible
individual.

A determination of eligibility must be made within 60 days.

Individual Plan for Employment IPE (formerly IWRP)

The IPE is the agreement between the state VR agency and the eligible
individual. After meeting with a qualified VR counselor, an IPE is written.
It includes

a stated vocational goal, the services needed to obtain the goal, how the
services will be paid for, who will provide the services.

There is a place on the IPE for the individual to say in her-his own words
why this plan was developed and how they feel about it. The VR customer is
the

partner in this process. The service providers and the methods to procure
the services are to be selected by the individual. The IPE must be signed by

the individual and the VR counselor.

The IPE must be reviewed at least annually. The plan must be amended by the
individual and the VR representative when there are substantive changes in
the

employment goal, the services to be provided and the service providers. Any
amendments do not take effect unless signed and agreed to by the individual

and a qualified VR counselor.

Scope of Services Available

assessment

counseling, guidance, and work-related placement services, job search
assistance, placement assistance, job retention service

personal assistance services

vocational and other training services

services to the families of such individuals

higher education

physical and mental restoration services, including but not limited to
therapeutic treatment necessary to correct or substantially modify

hospitalization in connection with surgery or treatment

diagnosis and treatment for mental and emotional disorders

maintenance

Interpreter services

transportation

technological aids and devices

transition services

one-the-job or other personal assistance services

supported employment services

Things VR will not pay for

VR will not pay for anything that anyone else would pay for. For example,
they would not pay for the tuition for an individual who is receiving a Pell
Grant.

VR will not reimburse for things that have already been paid for. VR will
not make mortgage or child support payments. VR must use comparable services

and benefits. VR will not buy you a car if you can use the bus to get to
work. VR does not have to comply with comparable services and benefits if it
is

determined that it would delay services that could cause physical risk or
loss of a job placement. VR must also provide assistive technology or
accommodations

if needed in order to keep a job, even if the employer would be legally
obligated to provide the accommodation.

1998 Amendments

The Rehabilitation Act was amended as part of the Workforce Investment Act
of 1998. The emphasis of the amendments is to expand client choice
throughout

the VR process. There is also more emphasis on tele-commuting, small
business development and self-employment as a vocational option.

Due Process

Individuals are to be informed of their right to appeal VR decisions during
the application process, development of the IPE and case closure. The Client

Assistance Program is mandated to provide advocacy services to VR customers.
When an appeal is requested, the pending negative action must stop until the

issue is resolved. A complaint can be made directly with a supervisor or and
individual can request a hearing before an Independent Hearing Officer.
Mediation

is to be offered as an option to resolve issues when a hearing is requested.
The VR agency has 60 days from the time the request for hearing is received

to hold the hearing. Individuals can be represented by the Client Assistance
Program or any other advocate during the hearing. In Michigan, the district

manager must contact the individual who requests a hearing to try to resolve
the issue in an informal review.

If you have questions about your rights as a customer of the Michigan
Department of Labor and Economic Growth, contact the Client Assistance
Program at

800-292-5896

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Michigan Protection & Advocacy Service, Inc.

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Lansing (517) 487-1755 | TOLL FREE 1-800-288-5923 (Voice or TTY)

Fax (517) 487-0827 | Email

MPAS
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