YOUR RIGHTS

      IN THE VOCATIONAL REHABILITATION SYSTEM

WHAT ARE YOUR RIGHTS?

     •      To make a written application for eligibility and services.

     •      To be treated with courtesy and respect.

     •      To request to see your file and to receive a copy of your file.

     •      To have your records kept confidential.

     •      To ask for a new counselor.

     •      To participate in the development and writing of an Individualized Plan for Employment (IPE).

     •      To be notified before your counselor makes changes in your IPE.

     •      To understand the reason why your Vocational Rehabilitation (VR) counselor makes a decision.

     •      To agree about what employment goal is best for you.

     •      To help select the services you receive.

     •      To get the help you need to get the job you agree upon.

     •      To have services provided in an integrated setting.

     •      To appeal any decision you do not agree with.

     •      To ask for assistance or representation from the Client Assistance Program (CAP).

HOW DO YOU APPEAL A DECISION THAT YOU DO NOT AGREE WITH?

If you disagree with any decision, action or failure to act by VR, you may request that an informal dispute resolution (IDR), mediation, or a Fair Hearing be held.

What is Informal Dispute Resolution? Informal Dispute Resolution or IDR is an informal review of your concerns by the Regional Manager of VR. IDR generally involves you, or, as appropriate, your representative, and negotiating a resolution with the counselor and the Regional Manager. To obtain IDR, you must make your request in writing to the Regional Manager within ten (10) calendar days of the notification of the decision, action or failure to act. You should state the basis for the disagreement in the request and submit any supporting documentation. The Manager is required to tell you in writing where and when the IDR will be held. The Regional Manager has sixty (60) days to conduct IDR.

During IDR, you can have anyone you want represent you or you may represent yourself. You can present any information that helps your case. The Manager’s decision must be in writing and give specific details. If you are dissatisfied with the decision made by the Manager after IDR, you may request mediation or request a Fair Hearing. Services that are being provided to you by VR may not be suspended, reduced or terminated pending an informal resolution, unless the services were illegally obtained by you or your representative.

What is mediation? Mediation is a meeting with a neutral third party acting as a mediator who will help you reach a compromise or agreement with VR. Even if you did not request IDR, you can request mediation. To obtain mediation, you must make your request in writing to the Regional Manager within ten (10) calendar days of the notification of any decision, action or failure to act by VR, or the Manager’s decision if you requested IDR. You should state the basis for the disagreement in the request and submit any supporting documentation. If you participated in IDR, you should also submit a copy of the IDR decision Participation by VR in mediation is voluntary. If VR agrees to mediate, it has sixty (60) days to conduct the mediation.

During mediation, you can have anyone you want represent you or you can represent yourself. You must be provided the opportunity to submit evidence and information that supports your position. All information learned during mediation is confidential and can not be used against you later. All costs related to mediation will be paid for by VR, except for costs related to your representation. If an agreement is reached, the mediator will put the agreement in writing. If you are dissatisfied with the results of mediation, you can request a Fair Hearing. Services that are being provided to you by VR may not be suspended, reduced or terminated pending a resolution through mediation, unless the services were illegally obtained by you or your representative.  

What is a Fair Hearing? A Fair Hearing is a formal review of your disagreement with VR during which an impartial hearing officer (IHO) will hear the facts of your case and make a decision. Even if you do not request IDR or mediation, you can request a Fair Hearing. To obtain a Fair Hearing, you should file your request with the Administrator of the Division within ten (10) calendar days of the notification of any decision, action or failure to act by VR. You must file your request for a Fair Hearing within ten (10) calendar days of the Manager's decision after IDR and/or mediation, which ever occurs last. VR encourages the use of IDR and/or mediation. However, IDR and mediation may not be used to delay a formal hearing. The hearing must be held within sixty (60) days of your initial request for IDR, mediation or a Fair Hearing, which ever occurred first.

During the hearing, you can have anyone you want represent you or you can represent yourself. You are encouraged to represent yourself if your case is not complicated. Otherwise, a private attorney or a representative of CAP, a federal program that is available to assist qualified individuals in their relationships with VR, may be helpful. You must be provided the opportunity to submit evidence and information that supports your position. If you participated in IDR and/or mediation, the Fair Hearing will only deal with the issues involved in IDR and/or mediation. VR pays for all costs related to the Fair Hearing, except for costs related to your representation. Services that are being provided to you by VR may not be suspended, reduced or terminated pending a decision by an IHO, unless the services were illegally obtained by you or your representative. The IHO will make a written decision about your case within 30 days of completion of the hearing. Idaho’s VR does not offer an administrative review of an IHO’s decision. Instead, if you are dissatisfied with the final decision of the IHO, you can request judicial review in state or federal court. You must request judicial review of your case in state court within twenty-eight (28) days of the date of the IHO’s order. While you may represent yourself or have anyone you want represent you, it would be best to have an attorney represent you if you go to court.

WHAT IS THE CLIENT ASSISTANCE PROGRAM (CAP) AND HOW DO I CONTACT THE CAP REPRESENTATIVE?

CAP is a federal program that is available to assist qualified individuals in their relationships with VR by identifying, explaining, and resolving problems. If an applicant for or recipient of VR services is not satisfied with the services received or the decisions made by a VR counselor, CAP may be able to help resolve the dispute. In Idaho , the CAP is operated by Comprehensive Advocacy, Inc. (Co-Ad, Inc.) You may contact Co-Ad, Inc toll free at 1-866-262-3462.

A publication of the Client Assistance Program funded by the Rehabilitation Services Administration. Note: The information contained in this document is subject to change at any time. Please check current statutes and regulations for the most up-to-date laws on client’s rights in the VR system. Last revised: 3/16/04.