Ala. Admin. Code r. 795-6-1-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 795-6-1-.05 - Methods And Timeframe For Determining Eligibility

(1) The counselor shall conduct an assessment for the purpose of determining eligibility and priority of services. The assessment must be conducted in the most integrated setting possible, consistent with the applicant's needs and informed choice. The counselor must determine eligibility within a reasonable period of time, not to exceed 60 days after the individual has submitted an application to receive services unless:

(a) The counselor notifies the applicant that exceptional and unforeseen circumstances beyond the control of the counselor preclude the counselor from completing the determination within the prescribed time and the applicant agrees that an extension of time is warranted, or

(b) The Department is exploring an applicant's abilities, capabilities, and capacity to perform in work situations and the applicant agrees that an extension of time is warranted.

(2) The determination of eligibility is based on the review of existing data and, to the extent additional data is necessary, the preliminary assessment of such data, including the provision of goods and services.

(a) It is presumed that an applicant can benefit in terms of an employment outcome from vocational rehabilitation services unless the State Agency can demonstrate by clear and convincing evidence that the applicant is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.

(b) The assessment for determining eligibility includes, to the extent necessary and appropriate:

1. Referral to other programs and/or services.

2. The provision of rehabilitation technology services to an applicant with a disability to assess and develop the capacities of the applicant to perform in a work environment.

(3) An applicant or eligible individual may be determined ineligible whenever the counselor determines on the basis of clear and convincing evidence that an applicant or eligible individual does not have a disability which constitutes a substantial impediment to employment or does not require vocational rehabilitation services.

(a) An applicant or eligible individual may be determined ineligible whenever the counselor determines on the basis of clear and convincing evidence (through trial work experiences, supported employment, rehabilitation technology services or any other information) that the applicant or eligible individual cannot benefit in terms of an employment outcome from vocational rehabilitation services due to the severity of the applicant or eligible individual's disability.

Author: Alabama Board of Rehabilitation Services

Ala. Admin. Code r. 795-6-1-.05

New Rule: Filed August 26, 2002; effective October 1, 2002.

Statutory Authority:Code of Ala. 1975, § 21-9-9.