N.H. Admin. Code § Ed 1007.02

Current through Register No. 45, November 7, 2024

Section Ed 1007.02 - Determining Significance of Disability

(a) The NHVR counselor shall determine the significance of disability by reviewing the following 3 criteria:

(1) Serious impairments to functional limitation areas;

(2) More than one rehabilitation service required to reduce the impact of limitations on employment; and

(3) Duration of services for 6 months or more.

(b) The NHVR counselor shall apply the following to determine serious functional limitations:

(1) "Serious limitation" means a reduction, due to a severe physical or mental impairment, to the degree that the individual requires services or accommodations not typically made for other individuals in order to prepare for, enter into, engage in, advance in, or retain competitive integrated employment; and

(2) Functional capacities to be considered shall include, but not be limited to:

a. Mobility which shall refer to a person's ability to move to and from work or within a work environment including walking, climbing, coordination, accessing and using transportation, and use of spatial and perceptual relationships;

b. Communication which shall refer to a person's ability to transmit and receive information through spoken, written, or other non-verbal means;

c. Self-care which shall refer to a person's ability to perform activities of daily living, to participate in training or work-related activities, including eating, toileting, grooming, dressing, cooking, shopping, washing, housekeeping, financial management, and health and safety needs;

d. Self-direction which shall refer to a person's ability to independently plan, learn, reason, problem solve, memorize, initiate, organize, and make decisions in order to allow individuals to assimilate information and learn specific skills related to job functions;

e. Interpersonal skills which shall refer to a person's ability to establish and maintain personal, family, or community relationships as the skills affect job performance;

f. Work tolerance which shall refer to a person's capacity to meet the demands of the workplace regardless of the work skills already possessed by the individual and where limitations may be due to physical disability, stamina and fatigue, effects of medication, or psychological factors;

g. Motor skills which shall refer to a person's purposeful movement and control of the body and its members to achieve specific results to the degree necessary to get and keep a job; and

h. Work skills which shall refer to a person's ability to perform specific tasks required to carry out job functions, the capacity to benefit from training in the necessary skills, and the capacity to practice the work habits needed to stay employed.

(c) The NHVR counselor shall only include those services that are necessary, as a direct result of the disability, in the determination of the significance of disability, including without limitation:

(1) Agency provided services;

(2) Assistive technology or rehabilitation technology;

(3) Job or training accommodations other than assistive technology;

(4) Job-related services or community rehabilitation program (CRP) services;

(5) Physical restoration services, mental restoration services, or both;

(6) Reader, rehabilitation technology, and orientation and mobility for individuals who are blind;

(7) Supported employment; and

(8) Training, including vocational, college, or on-the-job training, or equivalent as determined by NHVR.

(d) Assessment services, counseling and guidance, and job placement services shall be provided to all individuals to meet a specific employment outcome, and may be provided by other federal, state, or local public agencies, by health insurance, or by employee benefits as comparable benefits and services, but shall not be considered when determining significance of disability.

(e) A determination that services will be required for an extended period of time shall be made when required services are expected to last 6 or more months after a plan is developed.

(f) An individual who has a disability and is receiving supplemental security income (SSI) or social security disability insurance (SSDI) benefits as a result of the disability, as determined by the SSA, shall be presumed to have at least a significant disability, as described in Ed 1006.01(c). Further review by the NHVR counselor of the individual's functional capacities may result in a determination that the individual has a most significant disability and changes to disability designation may occur any time additional information becomes available.

N.H. Admin. Code § Ed 1007.02

Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031