[rehab] Introduction and some questions

Tamara Smith-Kinney tamara.8024 at comcast.net
Tue Apr 21 20:04:58 UTC 2009


Hello!

To start with, I will come clean and admit that I'm a VR client, not a
counselor.  I joined this list in order to ask some questions that have a
bearing on my own VR case.  I have been wracking my brain trying to phrase
the questions so that I don't end up sounding like a brainless ninny, but I
haven't seemed to manage it.  So I'll just say that there's a long history,
my VR case with my state's agency is, well, fubar.  Literally.  I am having
a meeting with a new VR counselor and, before I talk to him would like to
clarify some points about the VR process and philosophy in general.  These
questions are based on past behavior and information of the agency as a
whole, including those of the VR director, who has consistently over turned
the decisions and renegged on the agreements made by my now-retired VR
counselor.

So here goes.  Yes, I've read through the following, and I apologize for the
stilted tone and phrasing.  I believe I know the answers to these questions,
but a good reality check never hurts. /smile/

1.  Does agency policy and procedure take precedence over state and federal
VR law?
2.  When an IPE is agreed to by both parties, is the agency required to
follow through on providing the information and resources needed for the
client to fulfill her part?
3.  Does the philosophy of informed choice imply any responsibility on the
part of the agency to have and provide information that is not available
elsewhere, or to know where the client can find that information herself if
she has not been able to do so without asking the agency?
4.  If the client makes a decision based on information received from the
agency about the agency's procedures, purpose and services, is it the
agency's responsibility to behave according to that information?
5.  If the agency does not follow its stated policy and procedure or VR law,
and if the client suffers serious harm and becomes unable to pursue her
employment and educational goals or to maintain activities of daily living
because of this, does the agency have any responsibility to provide
resources to help mitigate those barriers to employment?
6.  If the agency's official assessment is directly contradicted by easily
documented evidence -- including the diagnosis of the agency-selected
outside specialist -- is it acceptable for the agency to refuse or deny the
evidence in contradiction in order to arrive at a more accurate assessment?

Thank you for any answers and information you can provide.

Tami Smith-Kinney







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