[nfbmi-talk] Fw: rsa was most clear on this

joe harcz Comcast joeharcz at comcast.net
Wed Dec 15 17:54:06 UTC 2010

They still haven't changed policy in the policy manual and in accordence 
with these findings and Jones and Cannon are still "pushing back".

And this is only the tip of the iceberg of chronic violations of the Rehab 
Act and even of the RSA monitoring.

Joe Harcz

----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Sent: Friday, December 03, 2010 8:34 AM
Subject: [nfbmi-talk] rsa was most clear on this

3.  Financial Needs Testing for SSI/SSDI recipients

Legal Requirement:

34 CFR 361.54(b)(3)(ii)

The designated state unit may not apply a financial needs test, or require 
the financial participation of the individual – (ii) as a condition for 
furnishing any vocational rehabilitation service if the individual in need 
of the service has been determine eligible for Social Security benefits 
under Titles II or XVI of the Social Security Act.

Finding 3:  MCB is not in compliance with 34 CFR 361.54(b)(3)(ii) because it 
requires SSI/SSDI beneficiaries and recipients to provide a financial 
contribution equivalent to the maximum SSI monthly amount (according to the 
SSA Red Book for the current year) towards the cost of certain VR services, 
such as maintenance. This policy fails to comply with federal regulations at 
34 CFR 361.54(b)(3)(ii) that prohibit MCB from requiring SSI/SSDI recipients 
to participate in the financial cost of their VR services.

Corrective Action 3:  RSA requires that MCB to revise its policies to ensure 
that SSI/SSDI beneficiaries and recipients are not required to provide a 
contribution toward any VR service.  Furthermore, MCB must cease requiring 
SSI/SSDI recipients to contribute towards the financial cost of their VR 
services.  Once MCB implements the revised policies, MCB must submit a copy 
to RSA to ensure compliance.

Agency Response:  MCB is revising its maintenance policy to eliminate the 
requirement that individuals must use their SSI/SSDI to contribute to their 
rehabilitation program.  The revision will comply with the federal 
regulation at 34 CFR 361.54(b)(3)(ii).

RSA Response:  RSA appreciates the fact that MCB has begun revising its 
maintenance policy to comply with 34 CFR 361.54(b)(3)(ii).  Once MCB 
completes the revisions, MCB must submit a copy of the revised policy to 
ensure compliance.  In the meantime, MCB must assure that it will cease 
requiring SSI/SSDI to contribute towards the cost of their VR program.

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