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An Overview of Vocational Rehabilitation
What to Expect When Working With Vocational Rehabilitation
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The Purpose of Vocational Rehabilitation
“The purpose of the Vocational Rehabilitation (VR) Program is to empower individuals with disability particularly individuals with significant disability to achieve high quality employment outcomes to which they aspire and that are consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, and informed choice.” 34 CFR : Written Policies Governing the Provisions of Services for Individuals with Disabilities. OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION Rehabilitation Services Administration
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Federal Mandate Rehabilitation Act of 1973 as Amended Through P.L Enacted December 10, 2015 Any State that submits a State Plan to the Secretary is eligible to be funded 78.7% Federal dollars and a 21.3% state match combine to provide funding. Vocational Rehabilitation is available in all 50 states Vocational Rehabilitation became a part of the national consciousness following World War I primarily as a response to the number of injured returning veterans who were unable to return to their former employment. Through the years there have been a number of amendments passed each building on previous legislation leading up to the Rehabilitation Act of 1973 as amended through public law Enacted
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Vocational Rehabilitation Mission
To serve eligible people with disability in obtaining and retaining employment that is commensurate with abilities, interests and limitations. Meeting the individual rehabilitation needs of each person Managing the financial resources to provide services that are both necessary and reasonable. Rehabilitation needs are identified by the completion of a comprehensive assessment. The comprehensive assessment may include such things as the vocational implications of the disability, need for assistive technology, home or vehicle modification, level of intellectual function, vocational interest, etc. Managing financial resources that are necessary and reasonable: Necessary relates to the employment goal and or the functional limitations/vocational impediments of the disability. All services provided by Vocational Rehabilitation must address one or both of the employment goal and/or the vocational impediments. Reasonable relates to cost for example a smooth hard floor surface may be necessary to traverse using a wheel chair however solid oak flooring, while providing the necessary surface may not be reasonable when compared to tile flooring. However if the consumer chooses the solid oak flooring they would pay the difference in material and installation costs. VR must also consider comparable benefits such as insurance, education scholarships and grants. I can think of no instance where the consumer incurred a cost that they did not know about up front provided that they communicated with Vocational Rehabilitation and received prior approval and authorization from VR before the cost was incurred.
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AgrAbility Mission “The vision of AgrAbility is to enable a lifestyle of high quality for farmers, ranchers. And other agricultural workers with disabilities to that they may succeed in rural America.” Success includes gainful employment in production agriculture, related occupations, access to appropriate assistive technology and evidence-based information related to the treatment and rehabilitation of disabling conditions. Notice how closely the AgrAbility Mission Statement aligns with the first part of the VR Mission Statement
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Why is AgrAbility-VR Relationship Important
Farming is inherently hazardous – Accidents, physical wear and tear, aging all contribute to disability Research indicates that the risk of depression increases with delays in returning to work Real recovery occurs when they are able to return to their chosen profession Evidence indicates a strong desire to return to farming Refusal to be constrained by disability Vocational Rehabilitation is a viable funding source for many if not all services, e.g. AT, home or vehicle modification, vocational training, etc.
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Vocational Rehabilitation Employment Hierarchy
Same job – Same employer Different job – Same employer Same job – Different employer Different job – Different employer Farmers have a higher successful rehabilitation rate than the general population 98% success rate for VR of AgrAbility consumers Same job – Same employer is the situation that most AgrAbility clients experience. With rehabilitation needs met they return to their job, farming. The higher success rate is in part due to returning to the same job with the same employer, as opposed to different job – different employer The 98% success rate is based in national information, In Indiana Breaking New Ground has served 77 farmers with disability and only 3 are not currently farming 2 have retired and 1 has passed away. This level of continued success is important to convey to VR when working with them.
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Eligibility for VR Services
To be eligible for Vocational Rehabilitation Services an individual must Have a physical or mental impairment which, for such an individual, constitutes or results in a substantial impediment to employment Require Vocational Rehabilitation Services Will benefit from the services to successfully obtain and retain employment Order of selection: Most significant disability, must have three areas of functional limitation (communication, interpersonal skills, mobility, self-care, self-direction, work skills, or work tolerance) For example a neighboring farmer was injured when a loaded gravity wagon became unblocked and rolled over him. The farm was a combination livestock, beef and sheep and crop rotation of hay, corn, soybeans and wheat. He experienced: fracture in forearm and hip and dislocation of shoulder. The farmer lost upper body strength including grip strength, loss of range of motion, could no longer stand or walk for prolonged periods of time, could not walk safely over uneven surfaces, etc. The resulting vocational impediments were could no longer lift and carry full 5 gallons buckets to feed lambs, could no longer lift and carry bales of hay out to cattle, could no longer walk safely across tilled fields to scout crops, check fence, etc. could no longer safely sort and load livestock for shipment safely and independently, could no longer reach up to pull himself up to first step of combine or tractor, etc. Following an assessment by AgrAbility some of the services recommended were lowered steps on tractor and combine, an ATV, corral with swing gate and chute . Each of these recommendations addressed vocational impediments that resulted from the disability allowing the farmer to benefit and continue farming. As a part of eligibility there are three catagorys; no significant disability (NSD) 0-1 area of functional limitation, significant disability (SD) 2 areas of functional limitation, and most significant disability (MSD) 3 or more areas of functional limitation. Typically in Order of Selection (OOS) MSD is the only category served.
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Comprehensive Assessment
Comprehensive assessment begins after an individual has been determined eligible for Vocational Rehabilitation services Assesses the unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice of the VR eligible individual Determines the goals and objectives of the individual Determines the nature and scope of Vocational Rehabilitation services Comprehensive assessment is used to develop the Individualized Plan for Employment (IPE) As previously mentioned the goal of the comprehensive assessment is to identify the rehabilitation needs to address either or both the employment goal and the vocational impediments. The comprehensive assessment should help to identify the consumer’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests as well as limitations and resulting needs. The comprehensive assessment should identify the employment goal that is consistent with the above list of consumer attributes and the services necessary to reach the employment goal.
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IPE Mandatory Components
Description of the specific employment outcome Description of the specific rehabilitation services Timeline for initiation of services and achieving the employment outcome Description of vendors chosen to provide services Description of criteria to evaluate progress toward the employment goal Terms and conditions (joint responsibilities) of the IPE Specific employment outcome that is commensurate with the consumer’s unique strengths, resources, etc. Informed choice is important, the consumer has input into the IPE . The VR role in simple terms is to make sure that the consumer has all the information necessary to make decisions that are correct for them and to make sure that what ever they have agreed to happen (services) does happen. Specific Rehabilitation Services: services that are necessary to achieve the employment outcome using information gathered from comprehensive assessment. Time line: a reminder that employment is the goal ant there is an expectation of progress, Description of vendors: Identify the specific vendor to provide the service Description of criteria to evaluate: progress reports, etc Terms and condition:, consumer responsibilities, and VR responsibilities.
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Assessment IPE Services
The IPE drives the services. If the service is not on the IPE it will not be provided until the IPE is amended to include the service. The IPE is an agreement between the consumer (farmer with disability) and VR. In many ways it is viewed as a contract.
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Successful Employment Outcome: VR Closure
Consistent with the individual’s interests, abilities and limitations May include self-employment, telecommuting, business ownership Must be in an integrated environment (not in an isolated environment or sheltered workshop) At or above federal minimum wage Minimum of 90 days following the completion of rehabilitation services
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Client Assistance Program (CAP)
CAP is authorized by the Rehabilitation Act 56 CAPs one in each state, territory and Washington DC Assist any client with programs covered by the Act primarily VR and IL (independent living) The client must initiate the appeal process Intent is to lessen the feeling of intimidation and restore relationship between client and VR Eligibility determination and IPE most common VR components requiring CAP The Client Assistance Program (CAP) will assist any client with an appeal (grievance) with any program covered by the Rehabilitation Act. Primarily VR and Independent Living (IL). The Client must initiate the appeal process. The Client Assistance Program (CAP) will provide support and advocacy. The CAP Advocacy Specialist (as they are titled in IN) will listen to the client, will review with the client the questions and concerns of the appeal. If the appeal is determined to have merit The CAP Advocacy Specialist will gather information and documentation including related policy that will aid in representing the client in the appeal process. The CAP Advocacy Specialist will support the client through out the appeal process. The client does not have to “stand up to” or “take on” the bureaucratic authority alone. Many times a client may feel intimidated by the process. They may not want to challenge a decision fearing they may lose access to needed services. The majority of appeals related to VR are in regard to eligibility determination decisions.
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AgrAbility and CAP Client must take the lead
AgrAbility staff may advocate for client (with client’s permission) in consultation with CAP AgrAbility recommendations must address functional limitations as related to employment goal, must be necessary and reasonable AgrAbility staff may serve as an expert witness in regard to employment goal, accommodations and/or AT in an administrative hearing If AgrAbility staff believe a VR decision is not in keeping with policy it is ok to encourage the client to file an appeal. It is ok to let the client know that CAP will be supportive. However the appeal must come from the client. With the Client’s permission AgrAbility staff may accompany the client when meeting with CAP.
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