Ill. Admin. Code tit. 89 § 553.140

Current through Register Vol. 48, No. 45, November 8, 2024

Section 553.140 - Criteria for Most Significant Disability, Very Significant Disability, Significant Disability, and Disability

Documentation of the determination that an individual has a most significant disability, a very significant disability, a significant disability, or a disability must be in the individual's vocational rehabilitation (VR) case file, as well as documentation concerning the evaluation of the individual's rehabilitation potential.

a) Prior to determining the significance of an individual's disability, the Department must determine that the individual:

1) has a disability, or a combination of disabilities, that causes a substantial physical or mental impairment that is similar, but not limited to, the following list of disabilities:

A) amputation,

B) arthritis,

C) autism,

D) blindness,

E) burn injury,

F) cancer,

G) cerebral palsy,

H) cystic fibrosis,

I) deafness,

J) head injury,

K) heart disease,

L) hemiplegia,

M) hemophilia,

N) respiratory or pulmonary dysfunction,

O) intellectual disability,

P) mental illness,

Q) multiple sclerosis,

R) muscular dystrophy,

S) musculo-skeletal disorders,

T) neurological disorders (including stroke and epilepsy),

U) paraplegia,

V) quadriplegia (and other spinal cord conditions),

W) sickle cell anemia,

X) specific learning disabilities, or

Y) end stage renal failure disease;

2) has a disability, or a combination of disabilities, that seriously limits the individual's functional capacities, as listed in Section 553.150;

3) has an impairment that constitutes or results in a substantial impediment to employment; and

4) can benefit, in terms of an employment outcome, from the provision of vocational rehabilitation services.

b) If an individual meets the requirements of subsection (a), then the following criteria must be met to determine the significance of the individual's disability:

1) To be considered an individual with a most significant disability, the individual must be an individual who has a disability that seriously limits three or more functional capacities and who must require multiple VR services over an extended period of time.

2) To be considered an individual with a very significant disability, the individual must have a disability that seriously limits two functional capacities and must require multiple VR services over an extended period of time.

3) To be considered an individual with a significant disability, the individual must have a disability that seriously limits one functional capacity and must require multiple VR services over an extended period of time.

4) To be considered an individual with a disability, the individual must have a disability that results in some impediment to employment, must have some functional limitations, and can benefit from the provision of VR services.

c) An individual who has been determined eligible for disability benefits pursuant to Title II (SSDI) or Title XVI (SSI) of the Social Security Act is considered to be an individual with at least a significant disability and is presumed eligible for VR services, unless the analysis of the individual's functional limitations and service needs, as described in subsections (a) and (b), place the individual into a higher category of the order of selection.

Ill. Admin. Code tit. 89, § 553.140

Amended at 34 Ill. Reg. 19013, effective November 22, 2010

Amended at 42 Ill. Reg. 18444, effective 10/1/2018

Amended at 48 Ill. Reg. 15478, effective 10/21/2024