[nfbmi-talk] sent out long ago worth a repeat here

joe harcz Comcast joeharcz at comcast.net
Sat Dec 18 18:43:56 UTC 2010

When it comes to assistive technology rehab agencies should be familiar with the law that guides them in this regard. The following are the assistive technology provisions of Title I of the Rehab Act. Note that employment is not the determining factor but rather “restoring functionality”. Note that assistive technology also includes training.


And it must be based upon an individual assessment to be lawful.


Problem is that most customers don’t fight for their rights using the law itself. 


So many agencies just make arbitrary and capricious determinations which in fact are simply illegal.


They’re not supposed to make this stuff up as they go. But they do.


If a sharp CAP representative takes this to heart on A.T. determinations then a consumer can win what he/she needs.


When it comes to the blind in particular we often don’t know our rights and counselors don’t do their designed role to apprise us thoroughly of them.






    (7) Assistive technology device means any item, piece of equipment, 

or product system, whether acquired commercially off the shelf, 

modified, or customized, that is used to increase, maintain, or improve 

the functional capabilities of an individual with a disability.


(Authority: Section 7(3) of the Act; 29 U.S.C. 705(3))


    (8) Assistive technology service means any service that directly 

assists an individual with a disability in the selection, acquisition, 

or use of an assistive technology device, including--

    (i) The evaluation of the needs of an individual with a disability, 

including a functional evaluation of the individual in his or her 

customary environment;

    (ii) Purchasing, leasing, or otherwise providing for the 

acquisition by an individual with a disability of an assistive 

technology device;

    (iii) Selecting, designing, fitting, customizing, adapting, 

applying, maintaining, repairing, or replacing assistive technology 


    (iv) Coordinating and using other therapies, interventions, or 

services with assistive technology devices, such as those associated 

with existing education and rehabilitation plans and programs;

    (v) Training or technical assistance for an individual with a 

disability or, if appropriate, the family members, guardians, 

advocates, or authorized representatives of the individual; and

    (vi) Training or technical assistance for professionals (including 

individuals providing education and rehabilitation services), 

employers, or others who provide services to, employ, or are otherwise 

substantially involved in the major life functions of individuals with 

disabilities, to the extent that training or technical assistance is 

necessary to the achievement of an employment outcome by an individual 

with a disability.


(Authority: Sections 7

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