[nfbmi-talk] anyone see problems w this?

Marcus Simmons MarcusSimmons at comcast.net
Tue Feb 22 22:20:32 UTC 2011


Amen!
----- Original Message ----- 
From: "Christine Boone" <christine_boone at comcast.net>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, February 22, 2011 11:41 AM
Subject: Re: [nfbmi-talk] anyone see problems w this?


> In all of that garbage, there was nothing at all about any services that 
> CAP itself might provide.  In the world as I know it, caP is supposed to 
> work with any customer who is dissatisfied with the services they receive, 
> or fail to receive, from the rehabilitation agency.  A CAP representative 
> should accompany a customer to the administrative review, to a mediation, 
> and to the hearing before an Administrative law judge (ALJ).   There 
> should be no charge for this service, and there is one more important 
> thing...the CAP representative is supposed to represent the best interests 
> of the customer...they are not supposed to support the agency!!!  The fact 
> that MRS and MCB continue to contgract with Protection and Advocacy for 
> the services of a client assistance program really constitutes a mis-use 
> of funds, given that the intent of the rehabilitation act is not being 
> carried out by the so-called protection and advocacy organization; nor has 
> it ever been, at least not during my time in Michigan.
>
> That is all I have to say on the subject.
>
> Christine
>
> On Feb 21, 2011, at 2:52 PM, Fred wurtzel wrote:
>
>> Hi,
>>
>> This is the biggest pile of horse poop to ever excrete itself from my
>> computer speakers!
>>
>> Sorry for holding back, I'm working on really saying what I think.
>>
>> Warmest Regards,
>>
>> Fred
>>
>> -----Original Message-----
>> From: nfbmi-talk-bounces at nfbnet.org 
>> [mailto:nfbmi-talk-bounces at nfbnet.org]
>> On Behalf Of Marcus Simmons
>> Sent: Monday, February 21, 2011 2:30 PM
>> To: NFB of Michigan Internet Mailing List
>> Subject: Re: [nfbmi-talk] anyone see problems w this?
>>
>> In my case, CAP was totally ineffective.
>> ----- Original Message ----- 
>> From: "joe harcz Comcast" <joeharcz at comcast.net>
>> To: <nfbmi-talk at nfbnet.org>
>> Sent: Monday, February 21, 2011 7:23 AM
>> Subject: [nfbmi-talk] anyone see problems w this?
>>
>>
>> What to do when your MRS/MCB Counselor says "NO"
>>
>>
>>
>> What to do When Your MRS/MCB Counselor says, "NO"
>>
>>
>>
>> By Andrea Rizor, Employment Advocate
>>
>>
>>
>> Many customers think they are without recourse when Michigan 
>> Rehabilitation
>> Services (MRS) or Michigan Commission for the Blind (MCB)makes decisions
>> they
>>
>> disagree with. Have you been denied eligibility for MRS or MCB services? 
>> Has
>>
>> it been longer than 60 days for an eligibility decision and you don't 
>> know
>>
>> why? Were you denied a request for a new counsel or denied an 
>> individualized
>>
>> plan for employment goal or a service? Have you been denied acceptance 
>> into
>>
>> Michigan Career and Technical Institute (MCTI) or Michigan Commission for
>> the Blind Training Center (MCBTC)? There are steps you can take to make 
>> sure
>>
>> this decision was appropriate. If you are unhappy with decisions made by 
>> MRS
>>
>> or MCB, you have the right to appeal.
>>
>>
>>
>> If you feel the reason why MRS or MCB made the decision or denial is 
>> wrong,
>> you can try to resolve the disagreement administratively (by contacting 
>> the
>>
>> supervisor, filing a complaint, and/or consulting with the Client 
>> Assistance
>>
>> Program (CAP)). Many times this route is successful; however, you should
>> know
>>
>> what other steps are available to you.
>>
>>
>>
>> So what is an appeal? An appeal (request for a hearing) is a process 
>> where
>> you are asking for a formal change to an official decision - challenging 
>> a
>> decision
>>
>> made by the local office. You are essentially asking a third party to 
>> review
>>
>> your case in order to resolve the dispute.
>>
>>
>>
>> Why file an appeal? Many people file an appeal after attempting to 
>> resolve
>> the disagreement administratively but feel that things are taking too 
>> long
>> (dragging
>>
>> out) or feel that it's going nowhere. MRS has an incentive to try and
>> resolve the matter internally once an appeal is on the table and will,
>> therefore,
>>
>> have staff from other offices review the disagreement to make sure their
>> decision follows policy. If no agreement is made, however, the hearing in
>> front
>>
>> of an Administrative Law Judge will be held within 60 days of your appeal
>> request. There is no cost to you, the customer. Each agency has its own
>> procedure
>>
>> when it comes to appeals. Here are some important things to remember when
>> filing an appeal.
>>
>>
>>
>> A few things to know about writing an MRS appeal:
>>
>>
>>
>> 1.   The appeal letter must be written and signed.
>>
>>
>>
>> 2.   The appeal letter should be dated.
>>
>>
>>
>> 3.   The appeal letter should be brief.
>>
>>
>>
>> 4.   The appeal letter must specify that you wish to appeal the 
>> particular
>> denial. The first sentence should include: "I would like to appeal MRS'
>> decision
>>
>> to.." If this is not clear, MRS may think you are simply filing a 
>> complaint
>> and your appeal will not be processed.
>>
>>
>>
>> 5.   If you receive a letter back saying that the request cannot be
>> processed, make sure to follow up with the hearings manager to find out 
>> why.
>>
>>
>>
>> 6.   The appeal letter must be mailed to:
>>
>>
>>
>>                 Jaye Porter, Director
>>
>>           P.O. Box 30010
>>
>>           Lansing, MI 48909
>>
>>
>>
>> Any time you are dissatisfied with a decision made by MCB, you can 
>> request:
>>
>>
>>
>> 1.   Informal Administrative Review (conducted by MCB administrator)
>>
>>
>>
>> 2.   Formal Fair Hearing (conducted by an Administrative Law Judge)
>>
>>
>>
>> 3.   Mediation (conducted by Michigan Supreme Court Community Dispute
>> Resolution Program)
>>
>>
>>
>>      There is no cost to you, the customer. To make a request you must 
>> call
>>
>> or send a letter to the MCB Hearings Coordinator:
>>
>>
>>
>>                 Michigan Commission for the Blind
>>
>>           P.O. Box 30652
>>
>>           Lansing, MI 48909
>>
>>
>>
>> 1. If you choose an Informal Administrative Review, an MCB administrator
>> will be assigned to review your case and will make recommendations for
>> possible
>>
>> resolution. The review must be completed within 10 days and a decision 
>> must
>> be delivered within another 10 days. This decision does not deny or delay
>> your
>>
>> right to a Fair Hearing.
>>
>>
>>
>> 2. If you choose a Fair Hearing, it will be conducted within 60 calendar
>> days of the request. The judge will deliver his/her report within 30
>> calendar days
>>
>> of the completion of the hearing. You have 20 days to request a review of
>> this decision and it must be in writing to the MCB Hearings Coordinator.
>>
>>
>>
>> 3. If you choose Mediation, it will be conducted within 20 calendar days 
>> of
>> the request. If agreement is made, a written copy will be received within 
>> 20
>>
>> days of agreement. Entering into the Mediation process will not deny or
>> delay your right to a Fair Hearing.
>>
>>
>>
>>
>>
>> From:
>>
>> Michigan Protection & Advocacy Service
>>
>>
>>
>> At:
>>
>> http://www.mpas.org/Article.asp?TOPIC=11220
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>>
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>
>
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