F. Vocational Rehabilitation
Vocational rehabilitation services are available to eligible individuals who
are seeking an employment outcome. The program is funded in part through the
federal government. 78.7% of the cost is borne by the federal government, but
as with Medicaid, this program is implemented by the state. The Vocational Rehabilitation
program is administered throughout the state of Georgia through the Department
of Labor.
1. Eligibility
A person must be eligible for vocational rehabilitation services prior to receiving
assistance through this program. To be eligible for these services,
a. The applicant must have a physical or mental impairment;
b. The applicant’s impairment must constitute or result in a substantial
impediment to employment for the applicant;
c. The applicant must require vocational rehabilitation services to prepare
for, secure, retain, or regain employment consistent with his/her unique strengths,
resources, priorities concerns, and abilities, capabilities, interests, and
informed choice.
In addition, the applicant must be able to benefit in terms of an employment
outcome from the provision of vocational rehabilitation services. The state
agency must presume that the applicant can so benefit if the first two above
listed criteria are met unless it can show, by clear and convincing evidence,
that the applicant cannot benefit from the services.
An assessment is necessary to determine whether an applicant is eligible to
receive vocational rehabilitation services. To the extent available, current
assessment data must be used. If current data does not exist or is
insufficient, the assessment must involve the provision of vocational rehabilitation
services for the purpose of determining eligibility.
A person must intend to obtain an employment outcome consistent with his/her
abilities, interests, priorities, resources, concerns, and informed choice.
A person’s completion of the application process is adequate evidence
of this intention. A person is presumptively eligible if he/she receives Supplemental
Security Income (SSI) or Social Security Disability Insurance (SSDI).
If a state is not able to provide vocational rehabilitation services to all
eligible individuals, it may implement an order of selection. Georgia has an
order of selection and must, therefore, assure that individuals who have the
most significant disabilities are served first. A person’s placement on
the order of selection must be determined through an assessment.
2. Application
An individual’s application to the Vocational Rehabilitation program starts
the process through which services can become available. An application has
been made when the following has occurred:
a. A request for services has been made;
b. An individual has provided information needed to begin an assessment to determine
eligibility and priority for
services; and
c. The applicant is available for the assessment process.
There must be an application form that is available throughout the state, but
an individual need not use the application form in order to make the request
for services. A local office must consider certain information to determine
whether the applicant is eligible to obtain services through the Vocational
Rehabilitation program. If adequate, the office must consider the applicant’s
existing data. For example, if a person has had an evaluation done on his/her
motor abilities within the past two months, the Vocational Rehabilitation office
must consider this information. If there is insufficient information to determine
whether a person is able to receive assistance through this program, services
must be made available for the specific purpose of making this determination.
An application for services must be considered in a timely manner. Once an application
is submitted to the state agency, the applicant’s eligibility must be
determined within 60 days. If exceptional and unforeseen circumstances beyond
control of the agency preclude it from making the decision within 60 days, the
applicant and agency can agree to a specific time extension, a trial work experience
or an extended evaluation.
3. Rehabilitation Technology
AT is covered within the Vocational Rehabilitation program as "Rehabilitation
Technology." To access this funding, the AT must be documented as a necessary
vocational rehabilitation service in a person’s individualized plan for
employment (IPE). The IPE is a written document that is designed to meet an
individual’s designated employment outcome. Other funding sources must
be considered before Vocational Rehabilitation will pay for other types of services.
However, other resources do not have to be tried before Vocational Rehabilitation
will pay for Rehabilitation Technology.
The person who is to receive vocational rehabilitation services and the person’s
counselor must agree to the IPE. The plan must identify the services to be provided
and how they will be obtained. The IPE must also
include a timeline to reach the employment outcome and be reviewed at least
annually.
4. Appeals
If an individual disagrees with a determination by the state agency that affects
the provision of vocational rehabilitation services, he/she can request review
of that decision. The state agency can have an informal process available, but
it must not preclude a person from proceeding with mediation or a due process
hearing. In Georgia, an individual can seek assistance through the Client Assistance
Program (CAP). This assistance is available throughout the various stages of
dispute resolution.
During mediation or a due process hearing, a person must be able to submit information and evidence and must be able to be represented. A due process hearing must occur and a decision must be obtained in a timely manner. Unless the parties have agreed to a specific extension of time or the matter has been resolved, the hearing must occur within 60 days from when the review was requested. The decision must be made within 30 days from when the hearing is completed.
Legal action can be brought if an individual disagrees with a final administrative
decision. A state may create an administrative review process after the due
process hearing, but the decision must be made within 30 days after this final
administrative review was requested. The individual has 20 days from when the
hearing decision is made to request this final administrative review.
5. Contacts
The following contacts will assist a person who is seeking funding for AT through
the Vocational Rehabilitation program.
a. To apply for the Vocational Rehabilitation program, call your local county
office. To find out the number in your area, contact the following:
The Georgia Department of Labor
Georgia Division of Rehabilitation Services
Elizabeth Kinne
1700 Century Center
Atlanta, GA 30345
(404) 235-0141
b. The CAP program provides advocacy for people who are seeking assistance from
the Vocational Rehabilitation program:
Georgia Client Assistance Program
123 N. McDonough St.
Decatur, GA 30030
(404) 373-2040
(800) 822-9727
(404) 373-4110 (fax)
http://theombudsman.com/CAP
c. The department within the Division of Rehabilitation Services that handles
AT issues can be reached through:
Joy Kniskern
1700 Century Center
Atlanta, GA 30345
(404) 638-0387