Open the menu below to learn more about each step of the VR Process
Application & Eligibility
- Blank Application
- AIVRS Program Certificate of Eligibility/Ineligibility (COE) Tool
- Comprehensive Assessment
- Eligibility Criteria
- Eligibility / Ineligibility Presentation
- External Evaluation Presentation
- Presumptive Eligibility Extension Evaluation
- Trial Work Experience
- VR Process Application and Eligibility Presentation
Application
In the application step of the VR process, the counselor gathers information to determine the applicant’s eligibility or ineligibility for VR services. This involves ensuring that the applicant meets the six eligibility criteria for services, per 34 CFR 371.21(A)-(J). Additional relevant information may include work experience, academic history, social involvement, medical history, and legal history. The next appropriate step is to ensure that, if an applicant requires their native language to be spoken during interviews, arrangements are made for an interpreter. In addition, if the applicant requires a home visit this should also be accommodated.
The application process is complete once the following steps have been completed to determine eligibility:
- the individual signs an application that includes their name, address, age, gender, telephone number, Social Security number, and nature of the disability;
- the individual signs the necessary release forms to gather information or complete assessments for eligibility determination, and completes the assessment process necessary to determine eligibility;
- the individual meets with the counselor or AIVRS project representative to learn about services and participant rights and responsibilities; and
- the individual provides a copy of their tribal enrollment documentation (i.e., card, certificate, or Bureau of Indian Affairs-issued Degree of Indian Blood Certificate.) Applications are accepted regardless of financial status.
The VR counselor must determine eligibility within 60 calendar days of the completion and submission of an application, or an application extension must be on file prior to day 60.
For the potential participant, the goal of application is to begin the VR process. The following steps are necessary to achieve this goal:
- verify that an application is complete and signed by the applicant and VR counselor;
- collect necessary information, documents, and/or assessment information to determine eligibility for VR services; and
- confirm that the individual has indicated an ability and willingness to complete the assessment process.
If additional documentation is necessary to determine eligibility, an assessment needs to be scheduled. An assessment serves several purposes:
- to determine if the applicant has a physical or mental impairment that constitutes a substantial impediment to employment;
- to determine whether anticipated services will have an obvious impact on the ability to obtain, maintain, or retain employment; and
- to identify and evaluate the barriers to preparing for, obtaining, maintaining, and/or retaining employment, and to provide services to alleviate those barriers.
Example of an application activity:
- If additional time is needed for assessment, collection of medical documents, or other necessary items to determine eligibility, and these tasks cannot be completed within the required 60-day time frame, the VR counselor must ask the applicant to agree to an extension or close the case.
Application forms and resources:
- Presumed Eligibility
- Extension of Eligibility
- Application form signed by applicant (click here to see example of completed form)
- Obtain signed Release(s) of Information.
- Collect required medical documentation.
- Obtain copies of identification, tribal membership, Social Security card, and other required documents.
- Complete Client Assistance Program documentation.
- Complete application case notes.
Eligibility
Six criteria are used to determine eligibility:
- The applicant must be a member of a Federally or State-recognized tribe.
- The applicant must live on or near the reservation.
- The applicant must have a physical or mental impairment.
- The applicant’s physical or mental impairment must constitute or result in a substantial impediment to employment.
- The applicant must require VR services to prepare for and engage in high-quality employment that will increase opportunities for economic self-sufficiency.
- The applicant must be able to benefit, in terms of an employment outcome, from the provision of VR services.
Only representatives of AIVRS projects are authorized to determine an applicant’s eligibility to receive VR services. Eligibility must be determined within 60 calendar days of the receipt of a completed application.
- Tribal certification – Tribal membership card, Certificate of Degree of Indian Blood (CDIB) card (if a Tribe uses CDIBs), or any other proof that a Tribal Nation may use to identify membership
- proof of residency (copy of driver’s license, recent mail, map to home address, etc.)
- school records (e.g., an Individualized Education Plan)
- medical records
- vocational and psychological evaluations
- SSI and/or SSDI documents in accordance with Title II or Title XIV of Social Security Act (see below)
It is presumed that an individual with a physical or mental impairment that constitutes a substantial impediment to employment will benefit from VR services. If VR staff have verified that the applicant is receiving SSI and/or SSDI, the applicant is presumed eligible for VR services. However, the VR counselor may still find clear and convincing evidence that an applicant is incapable of benefitting from VR services in terms of an employment outcome due to the severity of an applicant’s disability. The following evaluation options from external sources may aid in determining the severity of an applicant’s disability:
- physical and psychological evaluation
- assistive technology assessment
- reasonable accommodations
- evaluation to assess the work site environment for individuals with more severe disabilities
Clear and convincing evidence that an SSI/SSDI benefits recipient cannot benefit from VR services in terms of an employment outcome can be obtained by providing a trial work experience or through an extended evaluation period, as appropriate. These evaluations explore applicants’ abilities, capabilities, and capacity to perform in a work environment.
An extension to determining eligibility beyond the 60 calendar days (which start when a completed application is received) may be acceptable under two circumstances: (1) if a trial work experience is necessary or (2) if additional evidence is necessary to verify the applicant’s self-reported disability.
An extension to determining eligibility beyond the 60 calendar days (which start when a completed application is received) may be acceptable under two circumstances: (1) if a trial work experience is necessary or (2) if additional evidence is necessary to verify the applicant’s self-reported disability.
- In all instances where a VR counselor determines that an applicant does not meet the criteria for eligibility, the record of services must include a determination of ineligibility, signed and dated by the VR counselor, documenting the reasons for the ineligibility determination. Ineligibility decisions made because of the severity of a disability must be based on clear and convincing evidence and require a trial work experience prior to closure. A letter of ineligibility is provided to the applicant and/or legal representative.
- A case is opened when a VR counselor determines an applicant to be eligible for VR services.
- The VR counselor signs an eligibility statement and creates a case note to support the decision. A letter of eligibility is provided to the applicant and/or legal representative.
- All documents gathered to determine eligibility are placed in the participant’s file.
The following forms associated with eligibility should be signed by both the applicant and the VR counselor:
- release of information from relevant entities (e.g., Indian Health Services, behavioral health, specialized physicians)
- physical and/or mental health assessment (e.g., functional limitations assessment, psychological evaluation, vocational evaluation)
- other forms specific to the AIVRS project
- Help the VR counselor and applicant better understand the impediments to employment.
- Help the applicant and VR counselor determine what services will be necessary to overcome employment obstacles.
- Determine if there is a reasonable expectation that the applicant will benefit from VR services in terms of an employment outcome.
- Determine if the applicant requires VR services in order to achieve an employment outcome.
- Examples of applicant eligibility activities:
- Perform an assessment, if needed, to determine eligibility.
- If more time is necessary (for collection of medical documents, etc.), ask if the applicant will agree to an extension.
- If an assessment or documentation does not support or verify that the reported physical or mental impairment is an impediment to employment, the case should be closed after following proper closure protocols.
- Eligibility resources:
- Written Rehabilitation Analysis Page (WRAP)
- Certificate of Eligibility Tool/Webinar
- Certificate of Eligibility/Ineligibility Tool
- Eligibility Determination Case Note or Closure Before Eligibility Case Note
- Obtain SSI/SSDI documentation.
- Obtain medical/psychological/psychiatric/educational documentation/assessments to determine eligibility (documented disability with date and doctor name).
- Perform an assessment of major life areas affected (e.g., interpersonal skills, works skills, self-direction).
- Compile functional limitations from existing data or assessments.
- Request an eligibility determination extension if further testing or assessments are necessary.
- Develop a list of service that may be necessary.
- Enter an Eligibility/Ineligibility Determination Case Note.
