YOUR RIGHTS
IN THE VOCATIONAL REHABILITATION SYSTEM
A publication of the Client Assistance Program
Funded by the Rehabilitation Services Administration
1996 Vol 1. January 1997
You have the right ...
/ to apply for serviceWhat services are provided by VR?
VR can provide services that are necessary to help a person that has been determined eligible for Vocational Rehabilitation (VR) services become employable. This includes but is not limited to the following:
An appropriate assessment to determine your eligibility for Vocational Rehabilitation services and your vocational needs. This includes an assessment of your assistive technology needs.
Vocational counseling, guidance and work related placement services, including job search assistance, personal assistance services, and post employment services necessary to maintain or advance in employment.
Vocational and other training services, including books and training material.
Physical and mental restoration services, such as corrective surgery; medications; therapeutic treatment; hospitalizations in connection with treatment; prosthetic and orthotic devices; interpreter services; maintenance; transportation; telecommunication; sensory and technological devices; occupational licenses; tools and equipment; transition from school to work services and supported employment (job coaching).
What is an IWRP?
The Individual Written Rehabilitation Program or IWRP is the heart of your vocational plan. It is the document that you and your counselor jointly develop, agree upon and sign. The IWRP should be designed to achieve your employment objective. Items on the IWRP may include:
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Employment goals and objectives.The IWRP should be reviewed at least annually and you should receive a copy of the IWRP and any amendments.
How do you request a new VR counselor?
If you have a problem communicating with your VR counselor this problem may need to be resolved by changing your counselor. Attempt to resolve the problem by talking to your counselor. If you cannot resolve the problem you can make a request to the regional manager for a new counselor. You can find out who the manager is from the office receptionist. If you feel comfortable in sharing this information with your counselor, you should inform your counselor of your request.
How do you appeal a decision that you do not agree with?
If you disagree with your counselor's decision, action or failure to act, you should contact the Regional Manger within 30 days of the decision, action or failure to act. You should document your disagreement and request a review in writing. The Regional Manager has 30 days to provide an Administrative Review of your case. The Manager is required to tell you in writing where and when the review will be held. The Manager is required to provide the decision of the review in writing. If you are dissatisfied with the decision made by the Manager you can appeal your case to a Fair Hearing. You have to file your appeal for a Fair Hearing within 30 days from the date you receive the manager's decision. The Fair Hearing is conducted by an impartial Hearing Officer. The Idaho Division of Vocational Rehabilitation encourages the use of the Administrative Review. However, the Administrative Review process may not be used to delay a formal hearing before an impartial Hearing Officer. A Fair Hearing can be held without an Administrative Review, but must occur within 30 calendar days from the disputed action. The State Administrator can review the decision. If the decision is reviewed, the administrator must inform you of the intent to review the case within 20 calendar days. You can provide additional evidence if the case is reviewed. The Administrator can overturn the impartial Hearing Officer's decision if there is clear and convincing evidence that the decision is wrong. If you are dissatisfied with the final decision of the impartial Hearing Officer or the Administrator you can appeal your case to a state court for a judicial review. You must appeal your case to the state Court within 28 days of the Hearing Officer's or Administrator's decision. You can also appeal your case to federal court.
In cases where the disputed services are already on the IWRP, services will continue for a period not to exceed 30 days except in cases of fraud or medical contraindications.
Can you represent yourself through an appeal?
Yes!
We would encourage you to represent yourself in Administrative Reviews. This is your chance to discuss your concerns with your counselor's direct supervisor and in most cases you can resolve your concerns. However, if your case is complicated or your case is appealed beyond an Administrative Review, we encourage you to seek assistance from the CAP or an attorney.How do you contact the Client Assistance Program (CAP)?
The CAP is operated by Comprehensive Advocacy Inc. (Co-Ad, Inc.)
CO-AD, INC. OFFICES
Statewide toll-free number: 1-800-632-5125
Boise - Main Office |
Pocatello - Field Office |
Moscow - Field Office |
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