Sec.17b-653-8. Eligibility/ineligibility

Upon application to the bureau, an applicant shall be evaluated by the bureau and, pursuant to the criteria and procedures established by sections 17b-653-1 to 17b-653-24, inclusive, of the Regulations of Connecticut State Agencies, shall be certified as either eligible or ineligible for vocational rehabilitation services.

(a) Assessment for Determining Eligibility and Priority for Services

(1) For the purpose of determining whether an applicant is eligible for vocational rehabilitation services and assigning the individual's priority under an order of selection, the bureau shall provide an assessment for eligibility and priority for services which shall include a review of existing data and a preliminary review of any additional data needed to make such determinations.

(2) The determination of the applicant's eligibility shall be based only on the following criteria:

(A) a determination that the applicant is an individual with a disability, as defined in section 17b-653-2(b)(22); and

(B) a determination that the applicant requires vocational rehabilitation services to prepare for, secure, retain or regain employment.

(3) It shall be presumed that an individual can benefit in terms of an employment outcome with respect to section 17b-653-2(b)(22)(B), unless the bureau determines that there is clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome due to the severity of the individual's disability. In making such a determination, the bureau shall explore the individual's abilities, capabilities and capacities to perform in work situations through the use of trial work experiences, except under limited circumstances when an individual cannot take advantage of such experiences.

(4) If the individual has a disability under Title II or Title XVI of the Social Security Act, the bureau will presume that,

(A) the applicant is eligible for vocational rehabilitation services (provided that the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice of the individual), unless the bureau determines by clear and convincing evidence that the applicant is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability, and

(B) the individual has a significant disability, in accordance with the definition of that term in section 17b-653-2(b)(24).

(5) The bureau shall make the determination whether the individual is eligible within a reasonable period of time, not to exceed 60 days after the individual has submitted an application, unless:

(A) exceptional and unforeseen circumstances beyond the control of the bureau preclude making an eligibility determination within 60 days and the bureau and individual agree to a specific extension of time, or

(B) the bureau is exploring an individual's abilities, capabilities and capacity to perform in work situations under subsection (a)(3) of this section.

(b) Eligibility Determination

(1) At the completion of the assessment for determining eligibility and priority for services, a determination will be made as to whether the applicant has satisfied the criteria for eligibility.

(2) No service other than diagnostic services and services to determine eligibility and priority for services may be provided by the bureau prior to completion of the certificate of eligibility.

(3) Certificate of Eligibility. In the event that all eligibility criteria are satisfied, the applicant will be accepted for vocational rehabilitation service and, simultaneously with this, a dated certificate stating the applicant has met the eligibility requirements shall be completed and signed by the appropriate representative of the bureau.

(c) Certification of Ineligibility

(1) When a determination is made that an applicant for vocational rehabilitation services is ineligible for services, a dated certificate shall be completed and signed by the appropriate representative of the bureau stating:

(A) that the applicant is ineligible for service; and

(B) the reasons for the determination of ineligibility.

(2) The bureau may make such an ineligibility determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative.

(3) The bureau shall notify the applicant in writing, supplemented as necessary by other appropriate means of communication consistent with the informed choice of the individual, of the determination. Such notice shall include the reason for that determination, his or her rights and means by which he or she may express and seek remedy for any dissatisfaction, including procedures for informal review and administrative hearing, the services offered by the Client Assistance Program (CAP) and how to contact that program.

(4) When appropriate the applicant shall be referred to other agencies or facilities.

(d) Review of Ineligibility

When an applicant for vocational rehabilitation services has been determined to be ineligible because of a finding that he or she is incapable of achieving an employment outcome, the determination will be reviewed by the bureau within twelve (12) months and annually thereafter if requested by the individual except that such review need not be conducted:

(1) when the applicant is no longer present in the state;

(2) when the applicant has refused it;

(3) when the applicant's whereabouts are unknown; or

(4) when the applicant's medical condition is rapidly progressive or terminal.

(e) Assessment for Determining Rehabilitation Needs

(1) The bureau shall provide an assessment for determining vocational rehabilitation needs for clients who are certified as eligible for vocational rehabilitation services and for whom the bureau is able to provide services under an order of selection, if applicable;

(2) The purpose of an assessment for determining vocational rehabilitation needs is to determine,

(A) the employment outcome and the objectives, nature and scope of vocational rehabilitation services to be included in the employment plan, designed to achieve the employment outcome; and

(B) the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice.

(3) To the extent possible, the assessment for determining vocational rehabilitation needs shall consist of existing data and data used for the assessment for determining eligibility and priority for services.

(4) The assessment for determining vocational rehabilitation needs may include to the degree needed, an appraisal of the client's personality, interests, interpersonal skills, intelligence and related functional abilities, educational achievements, work experience, vocational aptitudes, personal and social adjustment, emotional adjustment, employment opportunities and other pertinent data helpful in determining for each client, as appropriate, his or her capabilities to perform adequately in the work environment through an appraisal of the client's pattern of work behavior, abilities to acquire occupational skills and capacity for suitable job performance including the utilization of work in real job situations.

(f) Closure without Eligibility Determination

The bureau may close a case without any determination of eligibility when the bureau determines that an applicant or client has declined to participate in, or is unavailable to complete an assessment for determining eligibility and priority for services, and the bureau has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative to encourage the applicant's participation.

(Adopted effective June 6, 2000)