[nfbmi-talk] is this your experience?

Mon Aug 23 18:41:39 UTC 2010

I agree on all counts here Fred. All I ask for is for all of these entities 
to follow all aplicable laws.

And I've sent them out to relevent parties just in case they missed them.
Goes to following the ADA, Section 504 and IDEA which are federal civil 
rights laws as well.

But, to say that they can't talk with us or anyone just because a suit is 
pending is simply ignorant, preposterous, counter productive and in a word 
that is not pc: "stupid".

If they retaliate by not following the Rehab Act in the college policy or 
because NFB filed an OMA suit then there will be more suits to be filed.

Joe
----- Original Message ----- 
From: "Fred Wurtzel" <f.wurtzel at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Monday, August 23, 2010 1:41 PM
Subject: Re: [nfbmi-talk] is this your experience?

> 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
> To: nfbmi-talk at nfbnet.org
> Subject: [nfbmi-talk] is this your experience?
>
> http://www.mpas.org/Article.asp?TOPIC=10650
>
> Michigan Protection & Advocacy Service
>
>
>
> MPAS Home
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> Michigan Protection and Advocacy Service Logo
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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
>
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>
> Have an impediment to employment
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>
>
> Be able to benefit from a rehabilitation program.
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>
> Applying for services
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>
> 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
>
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>
> vocational and other training services
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> services to the families of such individuals
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> higher education
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>
> physical and mental restoration services, including but not limited to
> therapeutic treatment necessary to correct or substantially modify
>
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> hospitalization in connection with surgery or treatment
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> diagnosis and treatment for mental and emotional disorders
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> maintenance
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> Interpreter services
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>
> 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
>
>
>
> Return
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> Valid HTML 4.0!
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>
>
> Michigan Protection & Advocacy Service, Inc.
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>
>
> Bobby Approved (v 3.2)
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>
> Lansing (517) 487-1755 | TOLL FREE 1-800-288-5923 (Voice or TTY)
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> MPAS
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