[nfbmi-talk] important letter

[joe harcz Comcast]

Hi Elizabeth and All:

Here's the financial needs language right from the Rehab Act regulations, 
clearly and in no uncertain terms it is not a federal requirement and states 
can only use financial needs at their discretion in the following limited 
circumstances (and note they can't do so at all for SSI or SSDI recipients):
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.



(Authority: Section 12(c) of the Act; 29 U.S.C. 709(c))



So tell these clowns to put that in their pipes and smoke it eh?



Best,



Joe

----- Original Message ----- 
From: "Elizabeth" <lizmohnke at hotmail.com>
To: <nfbmi-talk at nfbnet.org>
Sent: Wednesday, June 23, 2010 4:51 PM
Subject: Re: [nfbmi-talk] important letter


>
> Joe,
>
>
>
> I commend you on a job well done. Hopefully someone will take notice of 
> your letter, and take some kind of action on it. it is interesting to read 
> through all the things the Michigan Commission for the Blind said they 
> were going to do, but have yet to follow through and actually do them. 
> Although I noticed a section of the Michigan Commission for the Blind 
> Policy Manual that was changed in 2005 regarding maintance and college 
> students that looks a bit shady to me. I wonder what part of the 1998 
> amendments they are speaking about when they claim that they need to pass 
> something that looks like a means test.
>
>
>
> Elizabeth
>
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