The VR Process

1.      First Contact

2.      Application Process

3.      Eligibility Determination

4.      Individualized Plan for Employment

5.      VR Service provision

6.      Closure

7.      Post Employment Services

1.) First Contact

In order for your program to start, you need a method for bringing in applicants.  There are many different ways to introduce the services that you provide to the public.  The outreach material you develop will need to reflect your Tribes mission, as well as the mission of VR.  Also necessary for inclusion is services available, how to access services, and how to receive services.

Some typical outreach material may include:

1.      Pamphlets

2.      Flyers

3.      Newspaper Ads

4.      Newsletters

5.      Public Service Announcements

Another form of outreach is conducting presentations to agencies within and out of the Tribe.  The information conveyed is the same as the outreach material, which includes the mission of VR, services available, and how to access and receive services.  Typical areas to conduct presentations include, but not limited to:

1.      Native Organizations

a.       Indian/Cultural Centers

b.      Community Centers

c.       Indian Societies

d.      Associations

2.      Social Service Agencies

a.       TANF

b.      Child Care

c.       Headstart

d.      Family & Youth services

e.       General Assistance

3.      Educational Institutions

a.       High Schools

b.      Adult Basic Education

c.       Tribal/Community Colleges

d.      Trade/Vocational Schools

e.       Universities

4.      Job Placement Agencies

a.       Employment & Training Dept.

b.      Work Experience/On The Job Training

c.       State/local Employment office

5.      Medical Institutions

a.       Local Clinics

b.      IHS

6.      Local Employers

7.      Mental Health Agencies

8.      In/Out Patient Treatment Facilities

a.       Alcohol and Drug

9.      Prisons/Halfway Houses

10.  Pow Wows

11.  State VR Agencies

12.  Churches

One other method of outreach is providing a regular orientation of VR to the public.  Again, your orientation will include some basic information regarding your Tribes mission, the mission of VR, services available, and how to access services. Because an orientation session has more time involved than a presentation, other information that can be included into the orientation is a definition of disability, an explanation of the VR process, and what an IPE is.

2.) Application Process

Screening the Contact

Alright, now you have people starting to call or visit wanting services from your program.  Now what?  It would be easy to say, “Applications for everyone!”  But that isn’t always the best way to go (and we will find out why in a minute).

Just like any other program, you will have callers or visitors who may not be appropriate for your program.  So how do you determine whether an individual calling or visiting is a prospective applicant?

Thankfully the 34 CFR 371.1 & 371.4(b) Regulations gives us some guidelines.  Three questions you can ask the individual will give you either a “yes” or a “no” to whether the individual is a perspective applicant.  These questions are:

1.      Are you a member of a Federal or State recognized Tribe?

2.      Do you have a physical or mental impairment?

3.      Is your physical or mental impairment an impediment to employment?

If the individual says “yes” to all three of these questions, then they are a prospective applicant for your program.  If the individual answers “no” to any of the questions, then they are most likely not a prospective applicant.  Remember, the burden of proof for questions 2 and 3 don’t come until after the individual has participated in the entire application process.  Screening the contact is only the beginning.

Application

Now that you have determined the individual is a prospective applicant, the individual is ready to receive an application.  It must be noted that there is no provision in the law for a formal application process.  The closest reference to an application process can be found in the 34 CFR 361.41 regulations, but even in subsections (b)(2)(i)(C) it indirectly notes that a written application may not be necessary.  Even though a written application may not be necessary, it is considered a best practice for the following reasons:

1.      Provides documentation of what services the person is applying for,

2.      Provides a declaration of disability, and tribal membership

3.      Provides basic demographic information of the individual

4.      Provides pertinent information, such as work, academic, social, medical, and legal history

Once a completed application or a request for VR services is received, Section 102(6) of the Rehabilitation Act as amended states that the agency must determine eligibility in a reasonable amount of time not to exceed 60 days.  Although this section is speaking to the Designated State Unit, common and best practices have shown 60 days to be a reasonable amount of time.  However, it is up to your program to define “reasonable amount of time” according to your service area.

Initial Intake Interview

The last, and most important, part of the application process is the initial intake interview.  The initial intake interview may be the most important part of the application process as it ties right into the eligibility determination and has the potential for delivering the most important information regarding the applicant.

The initial intake interview serves a number of different purposes.  These purposes are as follows:

1.      Counselor observes the applicant –observation may clarify reported disability on application and/or confirm limitations.

2.      Build rapport and trust with the applicant – perfect time to convey spirit of assistance, trust, and helpfulness

3.      Share Agency information

4.      Gather/confirm demographic information

5.      Gather existing information (as required by Sec. 102(a)(4) of the Rehab Act)

a.       Educational

b.      Medical

c.       Psychiatric

6.      Gather historical information – personal account is almost always the best because the true expert in the individual’s reported disability and the limitations associated with the disability is the individual him/her self

a.       Personal account of condition

b.      Personal account of education

c.       Personal account of employment history

d.      Vocational goal

7.      Sign release of information forms

8.      Set next appointment

As mentioned in number three above, the initial intake interview is also a time to share more in-depth particulars of your agency and services available.  Information you can share include:

1.      The VR process

2.      Participants rights

3.      Participants responsibilities

4.      VR agency’s responsibilities

5.      Due process

6.      Client Assistance Program

7.      Confidentiality

8.      Similar Benefits/Comparable services

3.) Eligibility Determination

Once the initial intake interview is completed and records regarding the reported disability are received, then the eligibility determination can begin.  So, now that you have all this information, what do you do with it and how do you use it to determine eligibility?  There are six questions that must be answered “yes” regarding the applicant.  These questions come from the federal regulations 34 CFR 371.1.

Question one: Is the applicant a member of a Federal or State recognized Tribe?    Each tribe has their own method of tracking membership.  Some Tribes have an enrollment office, while other Tribes contract with the Bureau of Indian Affairs to track their enrollment.  It is up to your program to determine acceptable means of proof of membership for applicants.

Question Two: Does the applicant live on or near the reservation or service area?  The determination of “on or near” your reservation or service area will be found in your approved federal grant.  When your Tribe submitted the federal grant for competition, it should have included a definition of your reservation or service area.

Question three: Does the applicant have a physical or mental impairment?  The information gathered during the application process (counselor’s observation, applicant’s disclosure of disability, and medical/psychiatric/educational records) will enable you to answer this question.

Question four: Does the physical or mental impairment cause a substantial impediment to employment?  Although the information you gathered during the application process documents a physical or mental impairment, it is now up to you to use that information to determine whether the applicant’s reported disability is keeping them from attaining, maintaining, or retaining employment.

Question five: Is there a reasonable expectation that the applicant will benefit from VR services?  Question six is very similar: Does the applicant require VR services in order to achieve an employment outcome?  These two questions are guiding questions to answering question four.  These last three questions are all tied together and the most important for determining eligibility.

Recapping, if the answers to all six questions are yes, then the applicant is determined eligible:

1.      Applicant is a member of a federal or state recognized tribe;

2.      Applicant lives on or near the reservation or service area;

3.      Applicant has a physical or mental impairment;

4.      Applicant’s physical or mental impairment is an impediment to employment;

5.      There is a reasonable expectation that the applicant will benefit from VR services; and

6.      Applicant requires VR services in order to achieve an employment outcome.

If the answer to any of the six questions regarding the applicant is “no”, then they are not eligible for VR services.  There are provisions in the law (Sec. 102(a)(5) & (6)) that state how applicants found ineligible will be handled.  These provisions are as follows:

1.        Applicant/Participant must be consulted before determination

2.        Applicant/Participant must be notified of determination in writing

3.        Applicant/Participant must be provided information on the Client Assistance Program and how to contact for services; and

4.        Any ineligibility determination based on a finding of incapability of benefiting in terms of employment outcome must be reviewed within 12 months and due process exercised

4.) Individualized Plan for Employment

Yeah!  You know have the applicant determined eligible to receive VR services.  Now what?  To provide VR services, you must have an Individualized Plan for Employment (34 CFR 371.21(e) & Sec. 102(b)(2)(A)), commonly referred to as an IPE.  Thankfully there are guidelines on the development of an IPE found in Section 102 of the Rehab Act.

So what are the components of an IPE that are required?  I’m glad you asked that.  Required components, according to 34 CFR 371 Regulations, Sec. 102(b) & Sec. 7 include the following:

1.      A vocational goal directed towards an employment outcome

2.       A timeline for achieving the employment goal

3.      A description of criteria for evaluating progress towards achieving the employment outcome

4.      If needed, the provision of personal assistance services including training in its management

5.      If needed, the provision of assistive technology devices including training in management of the devices

6.      Description of the VR services needed to achieve the employment outcome

7.      Description of the provider(s) for each service and the methods used to procure each service

8.      Full consideration of comparable services and benefits

9.      Description of Tribal VR responsibilities

10.  Description of participant’s responsibilities related to the employment outcome, paying for any costs, applying for comparable services and benefits

11.  Dates to start each service

12.  Indication of participant’s approval with a signature of participant or representative

13.  Evidence of at least an annual review of the IPE

14.  Amendments have been made to reflect substantive changes to the employment goal, services, or providers

15.  If needed, a statement of the projected need for post employment services

16.  For participants with an employment goal of supported employment the IPE should include:

a.       Description of the extended services needed by the participant

b.      The source(s) of extended services or the basis for concluding the source(s) will become available

17.  Participant is provided informed choice in developing and implementing the IPE

18.  Participant or representative is provided a copy of the IPE in a usable form

19.  Services are provided to help participant achieve an employment outcome

20.  Culturally relevant services are provided

Other questions you may want to ask yourself are:

1.      Are services delivered effectively

2.      Is there any State VR agency involvement with this case

3.      When closing, is the reason for case closure appropriate

5.) VR Service Provision

Once an IPE is signed by the participant, you can begin to provide the services negotiated on the IPE.  “But what are services my program can provide?”  To get an idea of what VR services may look like, you must look to Section 103 of the Rehabilitation Act as amended.

Subsection (a) says, “Vocational Rehabilitation Services for Individuals – vocational rehabilitation services provided under this title are any services described in an IPE necessary to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual including…”

Notice the word “any” in the definition?  This is important when looking at the rest of Section 103.  Put into context, services listed throughout Section 103 are examples of services and does not restrict you to only the services listed.  The list of services throughout Section 103 does not list services that may be found in a Tribal VR program, such as cultural services or traditional healing. 

However, Section 121(b)(1)(B) of the Rehabilitation Act as amended includes the following authorizing clause, “contains assurances that the rehabilitation services provided under this part to American Indians who are individuals with disabilities residing on or near a reservation in a State shall be, to the maximum extent feasible, comparable to rehabilitation services provided under this title to other individuals with disabilities residing in the State and that, where appropriate, may include services traditionally used by Indian tribes…”  Do remember, though, that the services listed in Section 103 are great examples of services your participants may need.

There are some basic core services listed in Section 103 that each agency usually provides.  These services are:

1.      An assessment for determining eligibility and VR needs by qualified personnel

2.      Counseling and Guidance

3.      Referral and other services to secure needed services from other agencies

4.      Job-related services including job search and placement assistance, job retention services, follow-up services, and follow-along services.

6.) Closure

How you close a case depends on whether the participant accomplished their vocational goal on the IPE or not.  Hence, there are two types of closure, and they are conveniently named “Successful Closure” and “Unsuccessful Closure.”

Successful closure occurs when the participant has accomplished the activities on their IPE to achieve their vocational goal and has been employed for 90 days.  Once the participant has remained employed for 90 days and your program has followed the participant in their employment for those 90 days to provide any assistance necessary to maintain employment, your program can close the case successful.

So, when do you close a case unsuccessful?  Some reasons you may close a case unsuccessful include:

1.      Refusal of services

2.      Inability to contact participant

3.      Lack of compliance to medical/psychiatric recommendations

4.      Moved off reservation or out of service area

A common question is, “Can a case that was closed be re-opened?”  The answer depends on how the case was closed.  If the case was closed successful and the participant has a VR need that can be met by Post Employment Services, then most likely the case does not need to be re-opened.  However, if the participant reports a new disability or the solution to their VR need is more complicated than Post Employment Services can provide, then either the case is re-opened or a new case is generated.

If the case was closed unsuccessful, then hopefully your program left the door open for them to return.  If the participant still meets eligibility requirements, then most likely you can re-open the case. 

7.) Post Employment Services

You would think once a participant’s case is been closed successful you would be able to say good luck and good bye, but there is always a chance that the participant will need follow-up services to help them maintain their employment.  Some services that may be provided are as follows:

1.      Problem-solving

2.      Employment advancement

3.      Assistance with assistive devices

4.      Advocacy