1. Commonwealth of Massachusetts Office On Disability
6/1/2018
Vocational Rehabilitation Services in MA and How Client Assistance Program Can Help
Vocational Rehabilitation Services in MA and How Client Assistance Program Can Help
September 15, 2016
Commonwealth of Massachusetts Office On Disability

2. Overview of Mass Office on Disability
Rights to Vocational Rehabilitation Services in MA and How Client Assistance Program Can Help
Overview of Mass Office on Disability
Overview of Vocational Rehabilitation Services
Overview of Client Assistance Program

3. Massachusetts Office on Disability (MOD)
MOD is a state agency that serves people with disabilities of all ages
Provides information and referral to appropriate agencies/programs
Informs callers on how disability rights apply to a situation
Provides technical assistance if seeking a reasonable accommodation in housing, employment, education, government and places of public accommodation

4. MOD Continued…
Re-establishes communication with third-parties to remove disability-related barriers and restore services
Works to resolve disability-related discrimination and denial of service issues
Is the ADA coordinating and technical assistance agency for the executive branch
Houses the Client Assistance Program (CAP)

5. Vocational Rehabilitation Services for People with Disabilities
VR agencies in Massachusetts:
Massachusetts Rehabilitation Commission (MRC)
Massachusetts Commission for the Blind (MCB)

6. What are Vocational Rehabilitation (VR) Services?
VR services are any services described in an individualized plan for employment 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.

7. Who is Eligible for VR Services?
An individual must have a disability
The disability must cause a barrier to employment
The individual must need services in order to gain, maintain, regain or advance in employment
If the individual receives SSI or SSDI they are automatically eligible
If the individual is seeking pre-employment services they just need to be potentially eligible

8. What is the Process to Begin Receiving Services?
Apply for services
Meet with counselor
Determine eligibility
Work with counselor to determine/select vocational goal
Begin to write individualized plan for employment (IPE) for how/what services will be delivered
Participate in agreed upon services as written in plan moving towards vocational goal

9. What is an Individualized Plan for Employment (IPE)?
All VR services must be outlined in an IPE. An IPE must:
Be agreed upon
State job/transition goal(s)
List services to be provided including specifics about who is providing and for how long
Must be Consistent with an individual’s:
Capacities
Abilities
Unique Strengths
Priorities
Concerns
Resources
Interests
Informed Choice

10. What Services Do VR Agencies Provide?
Assessment for determining eligibility and vocational rehabilitation needs
Counseling and guidance, including information and support services to assist in exercising informed choice
Referral and other services to secure needed services from other agencies if such services are not available under MRC
Job related services, including job search and placement assistance, job retention services, follow up services, and follow along services

11. VR Services Continued…
Maintenance in the form of financial assistance with any additional costs incurred while participating in an assessment or while receiving services under a plan
Transportation – while participating in job training or other programs
On-the-Job or other related personal assistance services provided while an individual is receiving other services
Interpreter services
Vocational and/or other training services, including books, tools, training materials, etc.

12. VR Services Continued…
Diagnosis and treatment of physical and mental impairments to the extent that financial support is not readily available
Home modification
Vehicle modification
Occupational licenses, tools, equipment, and initial stocks and supplies
Technical assistance and other consultation services to conduct market analyses and develop business plans

13. VR Services Continued…
Rehabilitation technology
Transition services for high school students transitioning to adult services or to work
Supported employment
Customized employment
Services to family members
Post-employment services

14. New Information about VR
Workforce Innovation and Opportunity Act (WIOA) reauthorization under Title IV:
Services to youth are expanded
Pre-employment services are now a required service. These services include:
Job exploration counseling
Work-based learning experiences
Counseling on opportunities (transition/post secondary)
Workplace readiness training
Instruction in self-advocacy
VR must reserve at least 15% of funds for these services

15. Potential Barriers to VR Service
Disputes about eligibility determinations
Disputes about vocational goal
Disagreements with vocational counselors
Denial of service
Communication problems with VR agencies or vendors
Disputes about work readiness
Inactivity and lack of progress on a case

16. Potential Strategies for Facilitating VR Services
Understanding rights and obligations
Re-establishing communication
Using the appeal process to dispute decisions
Informal Negotiation
Administrative Review
Mediation
Fair Hearing
Contacting the Client Assistance Program (CAP)

17. Client Assistance Program (CAP)
CAP is housed in the Client Service Unit at Mass Office on Disability (MOD).
CAP is funded through a grant from U.S. Department of Education, Rehabilitation Services Administration, the same federal agency that funds vocational rehabilitation services.
MOD is an independent state agency that is not located under the Health and Human Services Secretariat. This allows CAP to serve as an outside ombudsman to vocational rehabilitation clients.

18. CAP Continued…
Official Definition:
Provides assistance to individuals with disabilities applying for or receiving services under the Rehabilitation Act, from the MRC Vocational Rehabilitation Program, the MCB Vocational Rehabilitation Program and Independent Living Centers:
Inform and advise all clients and client applicants of all available benefits under the Act
Upon request of clients and applicants, assist and advocate in their relationship with any program, project or service provided under the Act

19. CAP Continued…
Provides information about vocational rehabilitation and independent living services
Informs applicants and clients about their rights under regulation and policy
Offers technical assistance and advocacy to individuals who report concerns about service and/or denial of services
Assesses concerns of individuals to determine the most effective and appropriate way of facilitating progress
Assistance may include: contacting a counselor or vendor to address a concern, attending a meeting, reviewing documentation, researching resources and information that is relevant to the progress of the case, negotiation, and/or representing an individual through the appeal process

20. Rights of a Vocational Rehabilitation Client
Individuals have the right to a fair and complete evaluation to determine if they are eligible for VR services
Individuals have the right to a determination of eligibility within 60 days of application
Individuals who are on SSI or SSDI are presumed to be eligible for VR services
Individuals have the right to have their IPE written within 90 days of eligibility
Individuals have the right to be a partner in the development of their IPE regarding rehabilitation goals and services

21. Rights Continued…
An individual’s goals and services must be consistent with their capacities, abilities, unique strengths, priorities, concerns, resources, interests and informed choice
Individuals have the right to receive written notice of important decisions made in their case, including notice of appeal rights and the availability of CAP
An individual has the right to ask for a review of any determination with which they do not agree

22. Rights Continued…
Options for resolving disputes include:
If possible, informal negotiation via CAP or VR Ombudsman
Administrative Review
Mediation
Fair Hearing
Court

23. Process for Working With CAP
Any applicant, client, family member, service provider may contact CAP to ask questions or raise concerns about a specific experience. CAP will discuss obligations and rights in that context.
If the applicant or client requests intervention they will be asked to sign a release of information.
Upon receipt of a release CAP will contact the VR staff member or the applicable third party and gather information and review file.
CAP will then speak to client about VR’s position and give them the opportunity to respond and clarify any disputed facts.

24. Process for Working With CAP Continued…
CAP will evaluate all of the information in the context of what is permissible under regulation and policy, and will discuss potential options for resolving the issue.
Based on the particulars of the case and with client’s approval CAP will proceed accordingly with advocacy, negotiation, and/representation.

25. General Tips and Strategies for Making a VR Program Work
Understand your rights and your responsibilities.
Enables you to have appropriate expectations
VR does not provide case management or headhunter services
You will be expected to participate in your program (e.g. forming vocational goal, doing research, when applicable etc.)
Communicate with your counselor about your goals.
Ask questions about any and every service that is being provided including who will be providing a service, for what purpose, and you should expect.

26. General Tips and Strategies for Making a VR Program Work Continued…
Know what your IPE says.
If you request additional services along the way makes sure that it is memorialized in your IPE.
Stay in communication with counselor and/or third party vendor.
Be prepared to explain lack of communication or lack of participation if applicable.
Do not wait to report any changes or difficulties participating in the program.

27. General Tips and Strategies for Making a VR Program Work Continued…
Be informed about your vocational goal and accompanying services.
Services and supports requested should be aligned with your vocational goal.
If you choose to challenge a decision you should request details about the basis for the decision so that you are prepared to answer to those specific points.

28. Common Client Issues
Seeking a new vocational counselor
Not eligible for paid services
Disagreeing about work readiness
Dispute about appropriateness of vocational goal
Lingering in the system without progress towards goal
Requesting something that the VR agency maintains is outside the scope of services

29. Common Client Issues Continued…
Do not want to use the vendors that the VR agency has offered
The VR agency has supported a client at different times and the client returns to pursue a new goal and the VR agency does not want to support it
VR believes that you already have sufficient training and/or experience to become employed

30. Common Client Issues – How to Resolve Them
Seeking a new vocational counselor or transfer
There is a procedure- submit written request to Area Director of current office
Not guaranteed, takes time, and services are paused in the interim
This allows for a new perspective but is not a “clear slate.” File is transferred with client
Not eligible for paid services
Be informed of eligibility criteria and report any income related changes
Investigate what VR services will be available, what they specifically entail, and decide whether you want them

31. Common Client Issues – How to Resolve Them Continued…
Disagreeing about work readiness
VR agencies are not required to provide services if the client cannot benefit from them.
VR agencies gather information to determine whether a client is ready to work from a variety of sources which include their (or their vendors) experiences interacting with them.
Be informed about the specific reasons they have made this determination and be prepared to explain.
Request an opportunity to demonstrate work readiness through a work evaluation.

32. Common Client Issues – How to Resolve Them Continued…
Dispute about appropriateness of vocational goal
The vocational goal must reflect the clients interests, capabilities, etc. and must be a goal that a client can presumably achieve.
VR agencies will evaluate information collected from a variety of sources including a client’s report of their limitations and their healthcare providers.
Be informed of the specific reason that the VR agency disagrees and be prepared to defend position.
Disability reason (provide contrary medical documentation, request new evaluation)
Labor market reason (research jobs in the field and what they pay)
Research if there are other things that might work

33. Common Client Issues – How to Resolve Them Continued…
Lingering in the system without progress towards goal
Contact your vocational counselor to find out the status of the case and why they are saying it isn’t progressing.
Requesting something that the VR agency maintains is outside the scope of services
Is there a disability related reason for the request
Is there a compromise or other resource?

34. Common Client Issues – How to Resolve Them Continued…
Do not want to use the vendors that the VR agency has offered
Is there another vendor?
Can the relationship be repaired?
Creative approaches.
The VR agency has supported a client at different times and the client returns to pursue a new goal and the VR agency does not want to support the goal.
Is there a disability related argument? (If so, be prepared to explain)
Is there a labor market argument?

35. Common Client Issues – How to Resolve Them Continued…
VR believes that you already have sufficient training and/or experience to become employed
Is there a disability related argument? (If so, be prepared to explain)
Is there a labor market argument?
Is this about advancement?
Are you/would you be making sufficient wage?

36. Contact Information
MOD/CAP:
1 Ashburton Place
Room 1305
Boston, MA
Phone: (617) or (800)
Fax: (617)
Web:
Questions?