This is the first of a two-part article. In this part, we introduce you to the responsibility of the State Department of Rehabilitation (DR) to provide assistive technology (AT). In the second part, we shall describe the process for identifying your need for AT or an AT assessment, discussing your need with DR and, if necessary, challenging decisions made by DR with which you disagree.
DR is an agency that helps people with disabilities achieve their employment goals. One of the ways DR helps its clients is by providing them AT so they can prepare for, find, keep or even regain jobs. Most people know that DR is a good source for AT, but few know the scope of DR’s provision of this important benefit.
AT is the phrase commonly used to refer to any item, equipment or device that helps a person overcome the effects of a disability. It can be any high-tech or low-tech device, customized or not. It can be specially designed for a particular disability or "off-the-shelf." We can all think of examples of AT such as telecommunication devices for the deaf (TDDs), wheelchairs, Braillers, augmentative and alternative communication devices (AACs) and many more. AT within the DR system also includes not so obvious things like modifications to homes and vehicles, alteration of workstations, and modification of mainstream technology. AT also includes the services necessary to find the right equipment and train the person to use it.
There are a number of ways you can qualify for AT through DR. In all, AT can be provided as a part of seven DR benefits. These benefits are:
Each one of these is a separate benefit. Because the standards for each vary, AT denied under one benefit may be available under another. Some benefit categories are very expansive and include a wide variety of technologies while others are more specialized providing very specific types of devices.
Of these, Rehab Technology covers the widest range of tools. This benefit category is especially good because it is exempt from the "comparable service" requirement. This means DR cannot ask you to try other sources first. Occupational Equipment and Tools has a similar advantage in that it is exempt from "client financial participation." This prevents DR from asking you to pay part of the cost, no matter how much income or resources you may have.
Other benefit categories can prove to be very useful to you too. For instance, under Architectural Barrier Removal, DR may be able to help you with modifying your home. Under Transportation Services, you can ask DR to fund the modification of your van or car - or in some circumstances, buy a private vehicle for you. If you don’t have a health plan, or if your health plan denies you medical equipment, DR may be able to pay for that equipment under Physical and Mental Restoration Services.
For DR to fund AT, you must ask that it be included in your Individualized Plan for Employment (IPE). The IPE must be very specific about the items requested, how they will be provided, and who will provide them.
If you are a client of DR and need some type of equipment to get a job (or keep the one you currently have) you can probably justify the need for it under one of DR’s benefit categories. To be able to successfully advocate for funding from DR, you should make yourself familiar with each of these benefit categories, i.e., what they contain; what limitations they have; how you can qualify for them; and which one is more advantageous in your particular case.
You can learn more about these benefits from Protection & Advocacy, Inc.’s (PAI) publication Accessing Assistive TechnologyYou can obtain the entire manual or just chapter 7, which covers DR’s legal obligations to fund AT, from PAI or the AT Network.
This article was written by Protection and Advocacy, Inc. (PAI), a nonprofit organization providing legal assistance to people with disabilities. Our toll-free number is (800) 776-5746.
This is the second of a two-part article about the right to receive services, specifically assistive technology (AT), from the state Department of Rehabilitation (DR). In the first article, we explained what DR does, and the responsibilities it has to provide AT under various benefits. In this article, we describe DR’s process for evaluating clients’ needs for AT and then we will give an overview of the appeal process that can be used for challenging DR decisions with which you disagree.
As soon as DR finds you eligible, it must collect information that will help identify your employment goals and any barriers to employment. This information must first come from you, your family and other existing sources and then, if necessary, from additional assessments. These assessment must be comprehensive and may include:
After it obtains the needed information, DR must develop your individualized Plan for Employment (IPE). The IPE is a written document that sets goals and specifies the services you need to achieve them. You and DR are equal partners in this process and so you should make sure you receive full and proper assessments, set your own goals and identify with specificity what you need. You may need assistive technology for the evaluation process. These may be materials in alternative format, adaptive equipment, special software or a communication device. If you do, DR must provide it. You may also need assistive technology to prepare for, find or keep a job. Make sure DR refers you for a technology evaluation to identify the tools you need and then include them in your IPE.
If you disagree with a DR decision and cannot resolve your differences, you can challenge that decision through DR’s review process. There are three levels of review which should be followed sequentially.
Internal Review: Within one year of a dispute, you can ask a DR district administrator to review a dicision with which you disagree. Here, you explain why you think DR was wrong and what it should do. The administrator has 15 days from the date of your request to do the review, and then should send you a written decision.
Due Process: if you do not get what you want from the internal review, you
have 30 days to ask for a hearing before the Rehabilitation Appeals Board (RAB). At this hearing, you can provide oral and written testimony, and question DR about its decision. Before going to a hearing, you can choose to go through mediation with DR. Mediation is voluntary and does not affect your right to a hearing. You can be represented by an attorney or advocate at the mediation and hearing stages.
The Client Assistance Program (CAP) may give you information and advice about available benefits under DR, and can assist and advocate for you during internal review, mediation and due process hearing. To find out more about the CAP program, you can call (800) 952-5544 (VOICE) or (800) 598-3273 (TTY).
Court Action: If you are still dissatisfied after RAB makes its final decision, you can challenge the decision in Superior Court within six months. You may ask CAP to help you decide whether to go to court. You will probably need an attorney for a court action against DR.
Success on appeal depends on how prepared you are. Make sure you know the rules and meet the deadlines for each step of the appeal. Also learn about the different benefits and explain why your need fits one or more of the benefits. Being organized is important. Always take notes and present your position in clear and concise terms. You can get more information about DR’s appeal process and assessment responsibilities from Chapter 7 of PAI’s manual Accessing Assistive Technology. You can also find tips for effective advocacy in chapter 2 of the same manual. To receive these materials, call PAI at (800)776-5746.