[Rehab] Informed Choice in Job Jeopardy Cases

Thu Aug 6 22:56:32 UTC 2020

Hi, Justin,

A person who is in danger of losing a job due to an acquired
disability must still qualify for VR services. A person is eligible if
the person has a disability which results in a substantial impediment
to employment, requires VR services, and can benefit from services.
The fact that the person has a job and is in danger of losing the job
does not preclude the person from needing to be eligible for services.
When an agency enters an order of selection the most severely disabled
people, requiring the greatest number of services for the longest
period of time are prioritized in the highest category, which will be
served first by date of application when the agency has funding to
serve individuals again. We are currently in the fourth quarter of the
2020 federal fiscal year, and due to a number of factors, while I am
sadden, I am not surprised that an agency is no longer serving new
applicants. In this situation, the person needing assistance should
apply as soon as possible for VR services.

The matter of informed choice is a different ball of wax. If a person
is to be served through VR, the person must have an agreed upon and
signed IPE. Under the law, informed choice must be provided. As
another stated, informed choice does not mean that the client/consumer
will receive whatever is asked of the agency, only that the agency is
obligated to provide information regarding choices. If the agency is
not currently serving new applicants, services for which payment must
be rendered are not options. If the agency is able to provide services
such as guidance and counseling, vocational evaluations and
assessments, or job placement in house, the client/consumer may be
able to receive such services but may not be able to choose a
different service provider as the agency is not able to pay for the
services rendered by an outside contractor.

The situation you have describe lends me to believe that this person
is likely in need of training and equipment at the very least.
Training is a substantial service, which would, in my opinion, require
an IPE. Clients/consumers have the right to have a person of their
choosing assist them in writing an IPE. The agency does not have to
agree to the proposed IPE, but the client/consumer does have that
right. The client/consumer also has the right to have the decision
reviewed by the agency, called administrative review, and the right to
contact the client assistant program and ask questions when something
sounds not right. If further explanation by a supervisor yields
similar results, I would suggest this person contact the appropriate
client assistance program, explain the situation, and have the CAP
become involved. This person could also request a knowledgeable
advocate, maybe through the NFB, attend meetings with the VRC assigned
to the case.

It is my hope that this situation involves a miscommunication or new VRC.

Good luck,
Lucy

On 8/6/20, Ericka via Rehab <rehab at nfbnet.org> wrote:
> A new counselor is in order and help from disability rights at the very
> least to get proper services is necessary.
>
> Spounds like a cost cutting measure by the office of the blind.
>
> Ericka Nelson
>
>> On Aug 6, 2020, at 5:11 PM, Justin Salisbury via Rehab <rehab at nfbnet.org>
>> wrote:
>>
>> Thanks so much, everyone,
>>
>> I am referring to a new referral (someone who just went blind during the
>> pandemic who really needs some support for their own safe travel, making
>> food, and all the other things that a person might struggle with after
>> sudden vision loss. There is some lack of clarity on whether the VR agency
>> is accepting job jeopardy cases, but the person qualifies under that
>> designation so far as I understand it. I guess they had a virtual meeting
>> with a VR counselor who told them they could get VR services for job
>> jeopardy, but there would be no IPE and no informed choice.
>>
>> They are also being told that job jeopardy cases only exist to keep a
>> person employed with their current employer, and the VR counselor wants to
>> work to get the person demoted to a receptionist at their current place of
>> employment. This does not sound like a good fit for this person, in their
>> opinion or mine. It would be a pay cut as well as a substantial drop in
>> intellectual stimulation and physical activity. Job jeopardy is supposed
>> to be about helping a person keep their current job, right?
>>
>> Thanks all,
>>
>> Justin
>>
>> -----Original Message-----
>> From: Rehab <rehab-bounces at nfbnet.org> On Behalf Of Dick Davis via Rehab
>> Sent: Thursday, August 06, 2020 4:51 PM
>> To: Rehabilitation Counselor Mailing List <rehab at nfbnet.org>
>> Cc: Dick Davis <ddavis at blindinc.org>
>> Subject: Re: [Rehab] Informed Choice in Job Jeopardy Cases
>>
>> Hi Guys,
>>
>> There are two kinds of rehabilitation cases, as far as I know, and both of
>> them require IPE's or at least IPE amendments. Informed Choice is a
>> federal right; it is not up to agency discretion.
>>
>> If an agency is under Order of Selection (OOS) and not accepting new
>> clients, they still must accept applications for services and provide
>> information and referral, counseling, and other services that will help
>> the individual in the meantime. They just can't pay for things.
>>
>> If there are several free service options available to the person, there
>> should be no reason why he or she whoudl be denied informed choice.  But
>> in that case, the individual will need to choose between whatever services
>> are available.
>>
>> The above is the case with a new rehabilitation program.  If the person
>> has been served in the past, they should be able to jump over the OOS and
>> receive Post-Employment Services (PES).  There may be some service
>> limitations under PES, but there is still the need for an IPE, and persons
>> receiving PES cannot be denied their informed choice  rights under federal
>> law.
>>
>> Hope this sheds some light on the issue.
>>
>> Best,
>> Dick Davis
>>
>> -----Original Message-----
>> From: Rehab <rehab-bounces at nfbnet.org> On Behalf Of Justin Salisbury via
>> Rehab
>> Sent: Thursday, August 6, 2020 11:44 AM
>> To: Rehabilitation Counselor Mailing List <rehab at nfbnet.org>
>> Cc: Justin Salisbury <PRESIDENT at alumni.ecu.edu>
>> Subject: Re: [Rehab] Informed Choice in Job Jeopardy Cases
>>
>> Hi Justin,
>>
>> I was not aware that there was a difference between job retention and job
>> jeopardy cases. I thought the whole idea was that VR prioritizes serving
>> people who are at risk of losing their jobs (in job jeopardy), so they
>> provide services to help the person with job retention.
>>
>> Thank you,
>>
>> Justin
>>
>> -----Original Message-----
>> From: Rehab <rehab-bounces at nfbnet.org> On Behalf Of Justin Williams via
>> Rehab
>> Sent: Thursday, August 06, 2020 12:01 PM
>> To: 'Rehabilitation Counselor Mailing List' <rehab at nfbnet.org>
>> Cc: Justin Williams <justin.williams2 at gmail.com>
>> Subject: Re: [Rehab] Informed Choice in Job Jeopardy Cases
>>
>> Justin, do they mean job retention?
>>
>> Thanks,
>>
>> Justin
>>
>>
>> -----Original Message-----
>> From: Rehab [mailto:rehab-bounces at nfbnet.org] On Behalf Of Justin
>> Salisbury via Rehab
>> Sent: Thursday, August 6, 2020 10:58 AM
>> To: Rehabilitation Counselor Mailing List <rehab at nfbnet.org>
>> Cc: Justin Salisbury <PRESIDENT at alumni.ecu.edu>
>> Subject: Re: [Rehab] Informed Choice in Job Jeopardy Cases
>>
>> Hi Ian,
>>
>> Thank you for your reply.
>>
>> This person was told that job jeopardy cases do not get IPE's. This person
>> is in a state with a fully closed Order of Selection, so that nobody can
>> sign up for VR services. Apparently, the state is trying to figure out how
>> to start serving people via job jeopardy cases first, so they think they
>> can give job jeopardy services but not sign people up for a VR case with
>> an IPE.
>> Does a standard job jeopardy case involve an Individualized Plan for
>> Employment?
>>
>> This person was told that there was no ability to choose their own
>> vendors, such as who they might want to work with to receive
>> rehabilitation teaching services. This agency tries to deny informed
>> choice with every single one of their customers, so it's not really
>> surprising, but I was skeptical of their argument that job jeopardy cases
>> did not afford customers informed choice.
>>
>> Do you have more info to add?
>>
>> Thank you,
>>
>> Justin
>>
>>
>> Justin Mark Hideaki Salisbury
>> he/him/his
>>
>> Phone: 808.797.8606
>> Email: President at Alumni.ECU.edu
>> LinkedIn: https://www.linkedin.com/in/justin-salisbury
>> ResearchGate: https://www.researchgate.net/profile/Justin_Salisbury
>>
>>
>> "Once social change begins, it cannot be reversed. You cannot un-educate
>> the person who has learned to read. You cannot humiliate the person who
>> feels pride. You cannot oppress the people who are not afraid anymore."
>>
>> Cesar Chavez
>>
>>
>>
>> -----Original Message-----
>> From: Rehab <rehab-bounces at nfbnet.org> On Behalf Of Ian Shadrick via Rehab
>> Sent: Thursday, August 06, 2020 10:50 AM
>> To: Rehabilitation Counselor Mailing List <rehab at nfbnet.org>
>> Cc: Ian Shadrick <ian.shadrick at gmail.com>
>> Subject: Re: [Rehab] Informed Choice in Job Jeopardy Cases
>>
>> Justin,
>>
>> What was the rationale for not having the person on an IPE? Even with a
>> job in jeopardy case this should still be on an IPE. Informed choice
>> should apply to any service received from the agency. It does not of
>> course imply that the client receieves anything they choose but one the
>> less is still an important consideration for the client and in the life of
>> the case.
>>
>> Best regards,
>> Ian
>>
>> Ian Shadrick Ed.D., CRC, CVRT
>>
>>> On Wed, Aug 5, 2020 at 21:46 Justin Salisbury via Rehab
>>> <rehab at nfbnet.org>
>>> wrote:
>>>
>>> Hi everyone,
>>>
>>> I have a friend who was told very recently by a VR counselor that
>>> informed choice doesn't apply to job jeopardy cases. Allegedly,
>>> informed choice only applies when people have Individualized Plans for
>>> Employment, and job jeopardy cases do not receive Individualized Plans
>>> for Employment. I am sincerely doubtful. Can anyone help explain this
>>> to
>> me?
>>>
>>> Thank you,
>>>
>>> Justin
>>>
>>>
>>> Justin Mark Hideaki Salisbury
>>> he/him/his
>>>
>>> Phone: 808.797.8606
>>> Email: President at Alumni.ECU.edu<mailto:President at Alumni.ECU.edu>
>>> LinkedIn: https://www.linkedin.com/in/justin-salisbury
>>> ResearchGate: https://www.researchgate.net/profile/Justin_Salisbury
>>>
>>>
>>> "Once social change begins, it cannot be reversed. You cannot
>>> un-educate the person who has learned to read. You cannot humiliate
>>> the person who feels pride. You cannot oppress the people who are not
>> afraid anymore."
>>>
>>> Cesar Chavez
>>>
>>>
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