Department of Rehabilitation Services

1.        Who is eligible for services under the Vocational Rehabilitation program?

There are two eligibility requirements for services. The applicant must be:

·       An “individual with a disability” and

·       Need the vocational rehabilitation services to obtain employment.

CCR tit. 9 § 7062.[i]

The term “individual with a disability” means that the applicant has a physical or mental impairment that constitutes a substantial impediment to employment and the applicant would benefit from vocational rehabilitation services. 29 U.S.C. § 705(20)[ii], Cal. Welf. & Inst. Code § 19151[iii]; and CCR tit. 9 § 7017.

If you are an SSI recipient or a beneficiary of SSDI, you are presumed eligible for services. 29 U.S.C. § 722. However, if your disability is so severe that the Department of Rehabilitation’s (DOR) services would not be helpful to you, you may be denied services. In order to deny you services, DOR must “demonstrate by clear and convincing evidence that such individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability of the individual.” 29 U.S.C. § 722(a)(2)(A); see also 34 C.F.R. § 361.42; Cal. Welf. & Inst. Code § 19103(b) and CCR tit. 9 § 7062(b)(3).

2.        How does DOR determine if I’m eligible if I don’t have anything from the Social Security Administration?

If you do not receive SSI or SSDI and you do not have documentation from the Social Security Administration stating that you have been determined to be blind, the DOR counselor is going to determine whether your impairment results in a “substantial impediment to employment.” CCR tit. 9 § 7062(b)(2)(B). This means that the counselor will document your impairment. CCR tit. 9 § 7062(b)(2)(A).

During this determination process, the counselor may take into consideration records prepared by other agencies to determine whether you were eligible for services from those agencies. Plus, the counselor may look at statements by qualified professionals who have diagnosed or treated you. CCR tit. 9 § 7062.5.

If you have these types of documents, you should share them with your counselor.

3.        What kind of impairment is considered a substantial impediment to employment?

Temporary impairments will not be considered a substantial impediment to employment. CCR tit. 9 § 7062(b)(2)(B)(1). Under the regulations, an unemployed individual will be considered to have a substantial impediment if the impairment –

·       Caused the unemployment; or

·       Prevents you from entering employment consistent with your abilities and capabilities; or

·       Requires you to have an accommodation and or assistance in performing the job duties

CCR tit. 9 § 7062(b)(2)(B)(2) and following.

If you are employed, the counselor will look to see whether the impairment results in a substantial impediment to employment by looking at whether –

·       Loss of employment is imminent because of the impairment;

·       The current employment is not in an integrated setting such as a sheltered workshop;

·       The applicant is not regularly employed or is earning less than others in that occupation;

·       The employment is below your abilities and capabilities

CCR tit. 9 § 7062(b)(2)(B)(3) and following.

4.        What kinds of assessments can DOR do to determine my eligibility?

The counselor has a wide range of ability to determine your “eligibility and vocational rehabilitation needs.” 29 U.S.C. § 705(2). This means that to the extent that it is necessary to determine your employment outcome and the nature and extent of vocational rehabilitation services that DOR will provide, the counselor may make a determination of your –

“personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities …, and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors, that affect the employment and rehabilitation needs….” 29 U.S.C. § 705(2)(B)(iii).

This is not an exhaustive list. The law gives a wide range of latitude. This latitude should translate into an adequate assessment of your vocational rehabilitation needs.

5.        How can I apply for DOR services?

Apply by:

·       Going to your local DOR office,

·       Calling in to a DOR office and asking for an application, or

·       Writing your local DOR office and asking for services.

CCR tit. 9 § 7041.5.

For your convenience, a list of DOR offices is attached as Appendix A.

6.        How long does DOR take to process my application?

Generally, DOR must have your application for services processed within 60 days from the date of your application. 29 U.S.C. § 722(a)(6); 34 C.F.R. § 361.41(b)(1)[iv]; CCR tit. 9 § 7031. DOR may take longer than 60 days if

·       The delay is beyond the counselor’s control or

·       If the applicant submits a written request for an extension.

CCR tit. 9 §§ 7041 & 7041.5.

It is important to note that the 60 days that DOR has to process your application start from the date on either 1) a signed letter requesting services or 2) an Application for Services (form DOR 222). A simple call to your local DOR office will not start the 60 days.

For your convenience, a sample DOR 222 form is attached to this publication as Appendix B. A “Client Information Handbook” is also attached as Appendix C. The “Client Information Handbook” provides information about DOR’s services and about the Clients Assistance Program (See questions 36 and 37, below, for more information about CAP).

7.        What types of services can I get?

You have a right to receive services which are required to determine the presence of a disability and rehabilitation potential. CCR tit. 9 § 7150. In general this includes:

·       Counseling, guidance, referral and personal adjustment counseling services and training materials

·       Placement in a suitable environment

·       Physical and mental restoration services

·       Transportation

·       Maintenance