Chapter 4: Assessing and Planning

4.1 Overview

After determining eligibility, the next steps in the VR process are to

At every step in the rehabilitation process, *provide the consumer information to make informed choices.*

*Based on 34 CFR Section 361.45(b)

Consider with the consumer which options are consistent with the consumer's needs and attributes. *This approach supports the consumer's ability to make informed choices about

*Based on 34 CFR Section 361.52(b)(4)(i–v)

4.2 Assessing Consumer Information and Selecting an Employment Goal

Many consumer characteristics can affect the selection of a suitable employment goal. You and the consumer work together to identify and assess the consumer’s strengths, resources, priorities, concerns, abilities, capabilities, and interests that pertain to selecting a suitable employment goal. Obtain and provide sufficient information, resources, and support to allow the consumer to exercise informed choice.

4.2.1 Evaluating Existing Consumer Information

*To the greatest extent possible, use existing information obtained during the eligibility assessment.*

*Based on 34 CFR Section 361.45(f)

Review the information gathered for your eligibility decision, such as academic, medical, or psychological records to determine whether you have sufficient information for a complete picture of the consumer’s disability-related functional limitations and impediments to employment.

If existing records do not provide adequate information, you may need to obtain additional assessments.

Seek additional psychological or medical examinations if necessary to gather further information about the consumer’s condition and its

Seek vocational evaluations, functional capacity evaluations, or situational assessments if necessary to gather further information about the consumer’s work capacities and capabilities.

*Ensure that assessments are provided in the most individualized and most integrated setting possible that is consistent with the consumer's informed choice.*

*Based on 34 CFR Section 361.45(f)(2)(i)

During the process of evaluating consumer information, you might obtain new information that affects the consumer’s disability classification. If necessary, update the classification in the electronic case management system. See Chapter 11: Technical Information and References, 11.2.1 Selecting a Disability Classification.

4.2.2 Selecting the Employment Goal

The employment goal may be *full-time or, if appropriate, part-time competitive employment, supported employment, or any other type of employment in an integrated setting, including self-employment, telecommuting, or business ownership* that is consistent with characteristics identified in the consumer assessment.

*Based on 34 CFR Section 361.5(b)16

A suitable employment goal is one that closely matches the consumer’s current or potential key attributes and characteristics. To the extent necessary to select an appropriate employment goal, explore the consumer’s

Depending on the individual consumer situation, the selection of an employment goal may be easily made. In other situations, it may be necessary to consider a broader range of employment goals by assessing, as appropriate,

See How to Find Alternatives on the O*Net, Choices, Selecting an Employment Goal, Medical Disability Guidelines, and Assessment Strategies in the DRS Counselors' Toolbox for further information.

Consumers Who Have a Work History

When a consumer has a work history, explore his or her

For additional information about a consumer’s condition and treatment and the condition’s possible impact on employment, consult the Medical Disability Guidelines.

If the consumer wants to return to work with the same employer but is unable to return to the same position, determine whether the employer provides training opportunities so that the consumer can return to a different position. Do not pay for training if equivalent training, such as on-the-job training, is provided by the employer.

If the consumer chooses to work for another employer in a different job, use counseling and guidance to help him or her determine how current skills and work history can transfer to a different job. As needed, discuss job requirements and conditions, training, work environment and duties, local demand for workers, and the possibility of relocating to find employment.

Consumers with No Work History

When a consumer has no work history, begin the process of selecting an employment goal by investigating the consumer’s pertinent

If the consumer has no ideas about what job he or she wants to do, you may identify possible employment outcomes by exploring

Other Factors that May Impact Choice of Employment Goal

Explore with the consumer life circumstances that could impact his or her choice of employment goal so you can focus on occupations compatible with the consumer’s unique situation.

If the consumer has religious or cultural beliefs that require adherence to a specific schedule, dress code, or other tradition, discuss occupations that accommodate these requirements and explain why others may not be appropriate. If the consumer chooses to wear long or loose clothing traditional in his or her culture, for example, explain that a job operating machinery with exposed moving parts would not be appropriate because there’s potential for the clothing to be caught in the equipment.

If the consumer has ongoing responsibility for child care every afternoon, consider jobs that can be done in the early morning or evening, and options for split-shift work.

If the consumer has ongoing responsibility for child care every afternoon, consider jobs that can be done in the early morning or evening, and options for split-shift work. If the consumer reports a criminal history, explain that he or she may be barred from certain jobs requiring a license or other credential. If the consumer wants to pursue employment requiring a license or credential, obtain a criminal background check before committing to services on an IPE. You must check the Texas Department of Licensing and Regulation (TDLR) website, Texas State Department of Health Services licensing and regulations website or other relevant credentialing board for information about which criminal convictions may prevent the consumer from obtaining a specific license. See also 4.3.2 Criminal Background Checks.

4.2.3 Planning in Special Programs

Each program has unique requirements for assessing, planning, and developing an IPE that are based on the

Review the appropriate program policy related to plan development (for example, Transition, Supported Employment).

4.2.4 Providing Services before IPE Development

Services may be provided before the IPE is developed when they are necessary for the consumer to participate in the assessment; for example, services that are not related to a specific employment goal such as providing eyeglasses, preparatory prosthetics, orthotics, or insulin and syringes. See Can I Buy It? in the DRS Counselors' Toolbox.

4.3 Sharing Information with the Consumer

4.3.1 Overview

Explaining and/or sharing assessment information with the consumer (and/or representative, if any) is a valuable service that may help the consumer better understand

*Avoid sharing directly with the consumer information that might be harmful.* If the consumer demands to see medical or psychological records considered harmful, make an appointment with the physician or psychologist who provided the report to review the information with the consumer.

*Based on 34 CFR Section 361.38(c)(2)

Disclose medical and psychological records to the consumer (and/or representative, if any) only under the guidelines regarding release and confidentiality of consumer records in Business Procedures Manual, Chapter 20: Confidentiality and Use of Consumer Records and Information.

4.3.2 Criminal Background Checks

Occupations that require a license or other credential frequently include a criminal background check (CBC) on the applicant as part of the credentialing process. Massage therapist, cosmetologist, barber, and licensed chemical dependency counselor are examples of a few occupations that require a CBC. Some training programs (for example, security guard training) may also require a CBC before a person is admitted to the program.

If a consumer wants to work in an occupation that requires a license or other credential, you must obtain a CBC. Explain to the consumer why the CBC is necessary and document your reasons in the case file. See the guidance document, Procedure for Requesting a Criminal Background Check (CBC). DARS has been granted authority (Texas Government Code, Section 411.117 and Texas Human Resources Code, Section 111.058) to obtain a CBC on consumers from the Texas Department of Public Safety (DPS).

If the consumer’s CBC shows a criminal history and his or her chosen occupational goal is licensed by TDLR, you and the consumer must request a criminal history evaluation to determine if the consumer’s criminal history will prevent him or her from being licensed in that occupation. See the TDLR Criminal History Evaluation Letter page for more information. Do not select as a vocational goal any occupation for which TDLR has determined the consumer may not be licensed. For occupations not licensed by TDLR, contact the appropriate licensing entity to determine if it is feasible for the consumer to be licensed. This should be a shared responsibility between you and the consumer. If it is not feasible for the consumer to be licensed in a particular occupation, do not select that occupation as a vocational goal.

Provide a copy of the CBC to the consumer if he or she makes a written request. For more information, see Business Procedures Manual, Chapter 20: Confidentiality and Use of Consumer Records and Information,

Because the CBC report is critical to the decision-making process, it must be maintained as a permanent part of the consumer’s case record, but should not be kept in the paper case file. In accordance with your unit procedures, maintain CBCs in a separate confidential file where you can access them as necessary. CBC reports are often incomplete and difficult to interpret. Consult your supervisory chain, and Legal Services, if necessary, for assistance in interpreting them.

4.4 Developing the IPE

4.4.1 Overview

Develop the IPE within the framework of informed consumer choice. Provide necessary information so that the consumer

Every consumer must make informed decisions for his or her personal plan. This participation and ownership will greatly increase the probability of a successful outcome.

Craft the IPE to be consistent with the consumer's unique rehabilitation needs. It must include

The plan

*You must complete the IPE within 90 days after determining eligibility. If the IPE cannot be completed within 90 days, the case file documentation must reflect a good-faith effort to meet this time standard.*

*Based on 34 CFR Section 361.45(a)(1)

For high school students, develop the IPE as soon as practical but at the latest by the time the student graduates from high school. (See Chapter 5: Services, 5.6.4 Planning for the IPE.) *If the student is receiving special education services, you must coordinate the IPE with the goals, objectives, and services identified in the student's individualized education program (IEP).*)

*Based on 34 CFR Section 361.46(d)

Although the IPE is generally written within 90 days of eligibility, a student may need more time for vocational exploration and skill building before selecting a vocational goal. Consider developing an Assessment Action Map (AAM) to plan vocational experiences. See also Chapter 5: Services, 5.6.3 Description of Services/The Assessment Action Map for more information about AAMs.

*Develop the IPE with the consumer, or as appropriate, with the consumer's representative, in his or her native language or mode of communication. Inform the consumer of the available options for developing the IPE. The consumer may get help from friends, family members, private counselors, or others interested in the consumer's progress toward work.*

*Based on 34 CFR Section 361.45(c)

DRS does not pay for assistance with IPE development.

*Work with the consumer to

*Based on 34 CFR Section 361.45(c)

Once you and the consumer have agreed on an employment goal, encourage the consumer to tell you how much he or she wants to be involved in choosing the services, service providers, and methods for providing the services. *When you and the consumer agree, you and the consumer approve the plan by signing the electronic or paper plan. The consumer or consumer's representative receives a written copy of the IPE. At a minimum, review the IPE every 12 months.*

*Based on 34 CFR Section 361.45(d); 34 CFR Section 361.47(a)(7), 34 CFR Section 361.45(d)(4), 34 CFR Section 361.45(d)(5)

Complete all sections of the IPE in the electronic case management system. The electronic signatures indicate understanding of, and agreement with, the plan.

4.4.2 Describing the Employment Goal

State the employment goal, as selected by the consumer, on the IPE specifically enough to be meaningful to the consumer, considering his or her level of vocational development. If necessary, state initial goals, particularly for transition students, in terms of a particular type of career or industry, such as Office Clerk-General (43-9061.00), and revise them later as the consumer focuses on specific employment goals. See O*net/electronic search for industry categories.

If the assessment results in more than one appropriate choice, list the vocational objective closest to the consumer's choice that reflects his or her interests and expectations for salary and benefits. As the case develops, amend the IPE if a different vocational objective is more appropriate. Do not use general vocational objectives such as “to be determined” or “competitive employment.” If a consumer is interested in a vocational objective that requires a license, background check, or drug screening test, address the ability of the consumer to meet those requirements

If the consumer's best job fit is to provide homemaking services in his or her own home, use

Similarly, if the best job match for the consumer is to work without pay on a family farm or in a family business, use the occupational title “Unpaid Family Worker.” Use the occupational code from the Standard Occupational Codes that most closely matches work activities.

4.4.3 Planning Services in the IPE

Each plan is unique and depends on the consumer's individual situation. The consumer must be involved in all decisions related to the IPE, to the extent of his or her abilities and interest. Provide enough information so that the consumer can make informed choices

The assessment of the consumer's identified rehabilitation needs and suitable employment goal drives the selection and delivery of services that will help the consumer prepare for, secure, retain, or regain the planned employment outcome.

Reasonable and Necessary Services

The IPE may contain any of the following services that are reasonable and necessary for the consumer to reach the employment outcome. *Specific services available through the public VR program include

*Based on 34 CFR Section 361.48(a)–(t)

Explain DARS' best-value purchasing guidelines to the consumer and the impact they may have on selection of goods and services necessary to achieve the employment goal. (See Chapter 7: Purchasing, 7.6.3 Best-Value Approach to Purchasing.)

You must provide each of these services in accordance with the policies that govern that service. Review these policies carefully before adding the service to the IPE to ensure that the consumer's unique rehabilitation needs can be met (see Chapter 5: Services).

Consider the

*Services should be provided in the most integrated setting possible, and you may

The decision-making process should include deliberation of

*Based on 34 CFR Section 361.52(c)(1-6)

Ensure that the dates on the IPE realistically reflect the anticipated start and end dates of each service. The duration of the plan should adequately support both the individual services and the eventual employment outcome.

If you have designated the consumer’s disability as significant,

For further information, see Chapter 11: Technical Information and References, 11.2.2 Establishing the Significance of the Disability.

Services from Out-of-State Providers

If the consumer chooses a provider outside Texas, you must take specific purchasing actions, as shown in the following table.

Circumstance

Action Required

The service is ordinarily regulated in Texas.

The out-of-state provider also must be regulated.

You must check with Consumer Procurement and Client Services Contracting to ensure that providers are properly credentialed before obligating state funds.

The service is ordinarily regulated in Texas, but is not regulated in the state where the service is provided.

You must make a best-value decision regarding the purchase.

If you think the purchase is reasonable and the service provider reflects the consumer's informed choice, you must submit the proposed purchase for approval by

  • the area manager, and
  • the regional director.

The service provider is a Community Rehabilitation Program (CRP), but the standards in the other state are different from DRS standards.

You must get approval from the Area Manager after consult with CO (Central Office) program specialist for CRPs.

The purchase ordinarily requires a contract between DRS and the provider; for example hospital services or a wheelchair.

The medical service coordinator (MSC) coordinating hospital services or the counselor purchasing durable medical equipment must contact the regional consumer contract specialist (RCCS) to negotiate a payment rate for the medical service. A DARS3423, Exception to Contracted Hospital Purchase must be completed and submitted through the regional director for final approval by the director of Consumer Procurement and Client Services Contracting (CPCSC).

Note: Healthcare Cost Report Information System (HCRIS) payment rates noted on the DARS3423 do not apply to out-of-state hospital services, so the MSC must coordinate with the RCCS to develop an appropriate payment rate.

There is a contract in place between DRS and the out-of-state provider.

You must follow the contract's payment terms.

The consumer is responsible for costs that exceed in-state service costs.

4.4.4 Planning Intermediate Objectives

Intermediate objectives are the rehabilitation steps that the consumer must achieve to overcome the impediments to employment identified during the assessment process, both before and after eligibility was determined. In creating intermediate objectives,

4.4.5 Measuring Progress toward Achieving the Employment Goal

*The IPE should include the criteria used to evaluate the consumer's progress toward meeting planned goals. Describe these criteria on the plan clearly enough for both you and the consumer to understand the method of measurement.*

*Based on 34 CFR Section 361.46 (a)(5)

4.4.6 Determining the Frequency of Contact with the Consumer

The frequency of needed contact between the counselor and the consumer varies according to the

You and the consumer must discuss and plan for the activities required by each partner, including counseling and guidance goals, and agree on contact times that best support the plan.

You and the consumer agree to a frequency of contact that the consumer will maintain with you. Although the consumer is responsible for maintaining contact, you are responsible for providing sufficient support to the consumer to maintain this commitment.

Substantive consumer contact may be made by a VRC, RST, UPS, CCC or other staff member and occurs as often as necessary to timely move forward the consumer’s program of services.

4.4.7 Defining Roles and Responsibilities

As in other partnerships, the IPE should clearly define roles and responsibilities of all partners. In the same way that you established the frequency of contact with the consumer based on the need for IPE support, you also should discuss other responsibilities. Review policies related to disability-specific responsibilities to ensure that the

*The role of the consumer is largely defined on the IPE and must be adequately described so that the consumer can follow through successfully. Specific activities or tasks the consumer is expected to perform must be objective and measurable (for example, acquire documented evidence of attendance at seven Alcoholics Anonymous meetings per week).*

*Based on 34 CFR Section 361.46(a)(6)

4.5 Comparable Services and Benefits

4.5.1 Requirement for Using Comparable Services and Benefits

*Before you provide VR services to a consumer, or a consumer's family members, explore any possible comparable services or benefits under any other program and whether those services and benefits are available to the consumer. Comparable services and benefits do not include

If the consumer needs postsecondary training in order to reach the IPE goal, require the consumer to apply for and use, if granted, support from the Federal Financial Student Aid Program. List the consumer's responsibility for applying for and/or using those services on the IPE.

Use identified benefits or services first, unless using them would interrupt or delay

*Based on 34 CFR Section 361.53(a)

4.5.2 Exceptions to Using Comparable Services and Benefits

*Diagnostic services and rehabilitation technology, including hearing aids, sensory aids, and other technological aids and devices, do not require the use of comparable services and benefits.*

*Based on 34 CFR 361.53(b)(1) and 34 CFR 361.53(b)(5)

*While assessing the availability of or applying for comparable benefits, purchase services only when one or more of the following circumstances exists:

When a consumer is eligible for comparable benefits that are not yet available at the time needed to ensure the consumer's progress toward the employment goal, purchase those services until comparable services and benefits become available.*

*Based on 34 CFR Sections 361.53(a) and 361.53(c)

4.6 Consumer Participation in the Cost of Services

Determine the consumer's responsibility for the cost of services. A consumer's eligibility for VR services does not depend on the consumer's income or liquid assets. However, if the consumer's net income or liquid assets exceed basic living requirements (BLR), the consumer must participate in the cost of services, unless the

*Based on 34 CFR Sections 361.54(b)(3)(ii) and 361.54(b)(2), respectively

4.6.1 Determining the Consumer's Requirement and Ability to Participate

To determine whether a consumer must participate in the cost of services and his or her financial ability to do so, use the following four-step procedure.

  1. Determine the Requirement to Participate

    When determining whether the consumer is required to participate in the cost of services,

    • consider the monthly net income and liquid assets of the
      • consumer and the consumer's spouse, and
      • parent (or foster parents, legal guardian, or conservator) if the consumer's parent claims the consumer as a dependent for purposes of federal income taxes; and
    • compare the consumer's (combined with the parent's, if appropriate) monthly net income and liquid assets with the basic living requirement (BLR) levels.

    See 4.6.2 Types of Income, Liquid Assets, and Required Proof and 4.6.3 Basic Living Requirements (BLR) for more information.

  2. If a Consumer Declines to Provide Financial Information

    Consumers have the right not to disclose their financial information. However, when a consumer declines to provide this information, you must assume that the consumer has resources that exceed the BLR level after including any allowable BLR additions. In such a case, the consumer must fully participate in the cost of planned services, except those listed in 4.6.5 Services Exempt from Consumer Cost Participation.

  3. Obtain Documented Proof of Income and Expenses

    When a person applies for services, request documented proof of

    • income (exclude any payment in-kind, such as food stamps or housing subsidies),
    • liquid assets (cash plus assets that are easily converted to cash),
    • expenses, and/or
    • any allowable additions to BLR.

    See 4.6.2 Types of Income, Liquid Assets, and Required Proof.

    A person eligible for Social Security disability benefits (SSI or SSDI) need provide only proof of Social Security eligibility. The law exempts recipients of Social Security disability benefits from the requirement to participate in the cost of VR services regardless of income.

    When a parent claims the consumer as a dependent on the parent's income tax, obtain proof of income and expenses from both the consumer and the consumer's parent.

  4. Calculate the Consumer's Contribution Amount

    When the consumer's liquid assets exceed the BLR level after including any allowable BLR additions, the consumer must contribute an amount equal to the excess toward the cost of goods and services.

    For each month in which DRS pays for goods and/or services, the consumer must contribute the difference between the consumer's monthly net income and the BLR level after including any allowable BLR additions.

    The consumer's contribution must not exceed the cost of the good and/or service.

    For more information, refer to

    *You must inform the consumer that failure to provide complete and accurate financial information

    • violates federal and Texas law, and
    • results in a denial or delay of services.*

    (*34 CFR Section 361.57, Texas Penal Code, Chapter 37 Perjury and Other Falsification)

  5. Periodically, Review the Proof of Income and Expenses

    You must, at least annually,

    • review the consumer's income, liquid assets, and expenses; and
    • document the review results in a case note.

    If the consumer's income, liquid assets, or expenses change significantly during the life of the case,

    • reassess whether the consumer must still participate,
    • document proof of the changes (if documentation is not available, note the reason in a case note),
    • change the consumer's application, and
    • document the reason for the change in a case note.

    If you develop an IPE before you receive proof of income and expenses, do not include services that require consumer participation in the cost.

    When you receive the proof of income and expenses, amend the IPE as needed.

4.6.2 Types of Income, Liquid Assets, and Required Proof

The table below lists the types of income and corresponding proof required of the consumer, spouse, and parent (if the consumer is claimed as a dependent). 

Income

Proof Required

Net wages and net income from other enterprises

  • Pay verification,
  • check stubs,
  • bank statements, or
  • earnings statement.

Social Security disability benefits (SSI or SSDI) received by consumer

None required for a consumer's Social Security disability benefits.

All other Social Security benefits (for example, survivors or retirement benefits received by consumer or consumer's spouse or parents, social security disability received by consumer's spouse or parents, etc.)

  • Award letter,
  • check stub,
  • income tax return, or
  • bank statement.
  • Public support payments
  • VA income benefits
  • Unemployment compensation income
  • Workers' Compensation income
  • Private disability insurance
  • Annuities
  • Award letter,
  • check stub,
  • income tax return, or
  • bank statement.

Child support payments received

  • Award letter,
  • check stub,
  • income tax return,
  • court order, or
  • bank statement.

Liquid Assets

Proof Required

Cash and assets from savings or other accounts.

Account statements

4.6.3 Basic Living Requirements (BLR)

Calculating Consumer Participation

ReHabWorks is designed to automatically calculate consumer participation based on

See the U.S. Department of Health and Human Services Poverty Guidelines for the current fiscal year and DRS Basic Living Requirements tables.

ReHabWorks uses net monthly income and family size related to the poverty guidelines for the current fiscal year to determine the amount a consumer must contribute to the cost of services. This amount is a monthly amount but is applied only in months that a service or good is provided that requires participation in cost of services.

Allowable Additions to BLR

The total monthly costs of the allowable additions below are automatically added to the BLR when entered in the electronic case management system.

Allowable Additions

Proof Required

Monthly home mortgage or rental payments

  • Statement,
  • canceled check,
  • money order stub,
  • contract,
  • lease, etc.

Prescribed diets and medicines used by the consumer

  • Itemized receipts or
  • canceled checks

Debts imposed by court order

Court record

*Medical costs and disability-related expenses.*

*Based on 34 CFR Section 361.54(b)(2)

  • Itemized statements or
  • canceled checks

4.6.4 Payments

If feasible, a consumer participating in the cost of goods and/or services directly pays the service provider. If not feasible, arrange for the consumer to refund DRS by check or money order. For procedures, see Business Procedures Manual, Chapter 23: Accounting, 23.1 Cash Receipts.

The consumer may pay "in kind" for services listed on the IPE, for example, paying the additional cost of transportation to receive services, or paying for uniforms, textbooks, etc.

4.6.5 Services Exempt from Consumer Cost Participation

Review with the consumer the extent of his or her agreement to pay for the cost of services.

*Services exempt from consumer cost participation include

*Based on 34 CFR Section 361.54(b)(3)(i)(A-G)

You must *apply this policy uniformly to all consumers in similar circumstances.* Exception: Consumers eligible for Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) because of their disability are exempt from required cost participation. In addition, do not apply payment limitations (for example, tuition and fees) in these cases.

However, you must apply policy regarding use of comparable services and benefits.

*Based on 34 CRF Section 361.54(b)(2)(ii)

4.7 Providing Community-Based Service Information

When helping a consumer make an informed choice about residing in an institution, including a nursing home, you must inform the consumer about any community support that may help him or her function in the most independent setting possible. Such support services vary by community.

By definition the following are considered institutional residency:

Texas state agencies that help consumers with community-based support services include

See the DRS Programs Web site for

Refer the consumer to these agencies and organizations as appropriate.

4.8 Amending the IPE

Amend the plan every time you and the consumer agree on a substantial change. Document the reasons for amending the IPE in the electronic case management system. Explain the nature and scope of the changes to objectives, services, or other parts of the plan and why they are necessary.

*Develop an IPE amendment for substantial changes or where there is potential for misunderstanding in

*Based on 34 CFR Section 361.45(d)

A substantial change in employment goal means a change to the Standard Occupation Classification (SOC) job family identified in the first two digits of the SOC code.

Use the IPE amendment in the electronic case management system. If the electronic version is not available, use DARS5159, Vocational Rehabilitation Services, Individualized Plan for Employment (IPE) Amendment. As with the original IPE, the consumer may use alternate resources (for example, friends, family members, or private counselors) for the development process. *The IPE amendment is not in effect until you and the consumer agree to and sign it.* After agreeing on the IPE amendment, provide a copy to the consumer (or the consumer's representative, if any).

*Based on 34 CFR Section 361.45(d)(7)

Amending the IPE When a Consumer Is Not Present

If the consumer cannot attend a meeting in person but agrees to an IPE amendment, write the amendment and follow the procedures in Chapter 2: Initial Contact and Application, 2.4.9 When DRS Staff May Enter a PIN on Behalf of a Consumer to electronically sign the amendment for the consumer.

Joint Annual Review (JAR)

*At least every 12 months, review the IPE with the consumer and update any information that has changed. Review the consumer's progress in achieving the employment goal and determine whether you must set additional intermediate goals or adjust existing goals. Review the consumer's responsibilities and adjust as necessary.*

*Based on 34 CFR Section 361.45(d)

Document the joint annual review (JAR) in a case note. If the IPE was amended, explain how the changes are necessary to allow the consumer to achieve his or her employment goal.

4.8.1 Amending the IPE for Post-Employment Services

Overview

Use an IPE amendment, DARS5159, Vocational Rehabilitation Services, Individualized Plan for Employment (IPE) Amendment, when services after successful closure are necessary to *help the consumer maintain, regain, or advance in employment.*

*Based on 34 CFR Section 361.5(b)(42)

Consider post-employment services when after successful closure the consumer

*Post-employment services may include

*Based on 34 CFR Section 361.48(a–t)

Services may be provided by

You must mutually plan the program of post-employment services with the consumer. If post-employment services are

or

Closure from Post-Employment Services

Close post-employment services when

or

When terminating post-employment services, document and place in the case file

Note in the electronic case management system whether the consumer is employed.

4.8.2 Amending the IPE for Supported Employment Services

*If not on the original IPE, use an IPE amendment to describe the DRS services to be provided.* See Chapter 5: Services, 5.5.4 Supported Employment Services.

*Based on 34 CFR Section 361.46(b)

4.8.3 Amending the IPE for Case Closure

To amend the IPE for case closure, see Chapter 6: Closure, 6.2 Successful Closures, for information on using DARS5208, VR Successful Closure letter. DARS5208, VR Successful Closure letter is an IPE amendment.

4.9 Developing an IPE for Extended Evaluation

*If you cannot determine whether the consumer is eligible because of the consumer's questionable ability to benefit from services in terms of an employment outcome because of the severity of his or her disability, you and the consumer jointly develop an IPE for extended evaluation.* Use DARS5161, Vocational Rehabilitation Services—IPE for Extended Evaluation to do so.

*Based on 34 CFR Section 361.42(e)(2)(i)

4.9.1 Purpose of an IPE for Extended Evaluation

An IPE for extended evaluation provides VR services, including trial work experiences, to assess the consumer's knowledge, skills, abilities, and key attributes in order to determine eligibility. *Trial work experiences include supported employment, on-the-job training, and other experiences using real work settings. The trial work experience must be of sufficient variety and duration to provide

*Based on 34 CFR Section 361.42(e)(2)

4.9.2 The Standard for Clear and Convincing Evidence

The standard for clear and convincing evidence must be met before you may determine the consumer ineligible. This standard requires more than a psychological or physical capacity evaluation, and

For more information, see Chapter 3: Eligibility, 3.9.1 Determining Clear and Convincing Evidence.

4.9.3 Services that May Be Provided during the Extended Evaluation

When developing the IPE for extended evaluation,

*Consider the need for interpreter, translator, reader, or personal assistant services; rehabilitation technology, and/or other support services needed to determine eligibility.* Enter the following as the IPE plan objective: to assess the knowledge, skills, abilities, or other key attributes identified in the eligibility assessment, to determine if the consumer is capable of achieving an employment outcome.

*Based on 34 CFR Section 361.42(d)(1)

4.9.4 Services that Cannot Be Provided during the Extended Evaluation

Do not provide the following goods or services during the extended evaluation and do not add them to the IPE for extended evaluation. Area manager exceptions are not permitted.

Those goods or services not provided during extended evaluation are

4.9.5 Extended Evaluation for High School Students

For consumers in high school, consider using information in the Individualized Education Program (IEP) when developing the IPE for extended evaluation.

4.9.6 Policy for Developing an IPE for Extended Evaluation

Comply with policies for developing the IPE, with the understanding that the objective for extended evaluation is assessment for eligibility determination, rather than an employment goal. Relevant policies include

If available, use the IPE for extended evaluation in the electronic case management system. If not available,

The IPE for extended evaluation ends when you have gathered required evidence to determine the consumer's eligibility or ineligibility. For more information, see Chapter 3: Eligibility, 3.11.5 Closing a Case after Determining the Consumer Ineligible.

4.10 Social Security Recipients and Beneficiaries

This section covers policy on providing services to recipients of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits, including

4.10.1 Policy Statement and Purpose

Unlike most consumers of VR services, Social Security recipients and beneficiaries require special consideration throughout the VR process. The first such consideration is presumptive eligibility for VR services. Others may include the Ticket to Work program, work incentives planning, and other types of employment support programs administered by SSA.

Both SSA programs, Social Security Disability Insurance (SSDI-Title II) and Supplemental Security Income (SSI-Title XVI) offer assistance to consumers with disabilities. Each program has its own rules, benefits, and employment supports for beneficiaries who want to work.

Throughout the VR process, it is important to recognize that these supports and resources can help you coordinate and provide VR services, to ensure that recipients and beneficiaries of Social Security reach their optimal employment potential.

SSA reimburses DRS for certain costs of providing VR services for every SSI and/or SSDI consumer who

The SSA/VR Reimbursement Program is an essential part of the VR process because it helps DRS provide quality services to people with disabilities.

4.10.2 Presumptive Eligibility

*Social Security disability recipients and beneficiaries are

*Based on 34 CFR Section 361.42(a)(3)

*You may determine that Social Security recipients and beneficiaries are ineligible for VR services only when clear and convincing evidence shows that the consumer cannot benefit from VR services. Use extended evaluation if you have a question regarding the consumer's ability to achieve an employment outcome.* For more information, see 4.9 Developing an IPE for Extended Evaluation.

*Based on 34 CFR Section 361.42(e)

*A consumer receiving Social Security disability benefits demonstrates the intent to achieve an employment outcome by completing an application for services after you have explained that the purpose of the VR program is employment.*

*Based on 34 CFR Section 361.42(a)(4)

4.10.3 Verification of Social Security Benefits

When a consumer asserts that he or she is eligible for SSI and/or SSDI benefits, but cannot provide evidence such as an award letter, you may email a request to confirm eligibility to DARS Financial Services at ssavr@dars.state.tx.us with the consumer's

Financial Services responds within two to three working days following a request with

*When you cannot obtain benefit information from DARS Financial Services, you may request the information from the local SSA office. If possible, make this request in a timely manner, so that you can determine eligibility by the 60th day after profile completion.* If you cannot obtain evidence of eligibility for Social Security disability benefits within 60 days from the date of application for VR services, use

For the purposes of determining eligibility, consider a consumer who has a Ticket to Work to be a recipient of SSI and/or SSDI benefits.

*Based on 34 CFR Section 361.42(a)(3)(B)

4.10.4 Participation in the Cost of Services Based on Financial Need

*Consumers who have been determined eligible for Social Security disability benefits, either SSI or SSDI, are not required to participate in the cost of VR services. In addition, do not apply payment limitations (for example, tuition and fees) in these cases.*

*Based on 34 CFR Section 361.54(b)(3)(ii)

4.10.5 Releasing Records to the DARS Division for Disability Determination Services (DDS) and Obtaining Records from the Social Security Administration (SSA)

DARS Division for Disability Determination Services (DDS) may request records for certain consumers as part of the disability determination process. Release the consumer records to DDS only after DDS sends

You may obtain a consumer’s DDS records from his or her local Social Security Administration (SSA) office by following the procedure in BPM 20.18 Release of Information between DDS and other DARS Divisions. SSA charges a fee for records.

For additional information on releasing consumer records and information, see Business Procedures Manual, Chapter 20: Confidentiality and Use of Consumer Records and Information.

4.10.6 SSA Employment Support Programs and Work Incentives Planning

As appropriate, you may refer consumers receiving Social Security benefits to their local SSA-funded Work Incentives Planning and Assistance (WIPA) program. Work incentives counseling can help beneficiaries understand how to use SSA Work Incentives to reach their employment goals and achieve self-sufficiency.

See Social Security Administration Information in the DRS Programs Web page.

4.10.7 Ticket to Work Program

The Ticket to Work Program is a voluntary program administered by the Social Security Administration (SSA) for beneficiaries (consumers) ages 18 to 64, who receive Social Security disability benefits. The program offers expanded options for

For additional information, see Social Security Administration Information on the DRS Programs Web page.

Application

Complete the following steps for a consumer receiving Social Security disability benefits.

  1. Ask the consumer to submit a written request to MAXIMUS for the Ticket to be unassigned from the EN before DRS provides VR services, so that the services can be provided under the SSA/VR Cost Reimbursement Program. As appropriate, help the consumer write the request and fax it to MAXIMUS at 1 (703) 893-4149 or 1 (703) 893-4020, or mail it to

    MAXIMUS Ticket to Work
    ATTN: Ticket Assignment
    PO Box 25105
    Alexandria, VA 22313.

  2. If the consumer has not received a Ticket to Work from the SSA, or he or she is uncertain, refer the consumer to MAXIMUS at 1-866-949-3687 for additional information about the program and to determine if the consumer has a Ticket.
  3. If the consumer has received a Ticket to Work from the SSA, ask him or her if the ticket is currently assigned to an Employment Network (EN). If it is, see DARS–EN Referral Agreements. If it is not, see Plan Development and proceed with services.
  4. If the consumer is not sure which EN the Ticket is assigned to, contact the program specialist for Ticket to Work for assistance.

Plan Development

Inform each consumer receiving Social Security disability benefits that

Refer consumers with IPEs who are receiving Social Security disability benefits to the local Work Incentives Planning and Assistance (WIPA) Program for

DARS–EN Referral Agreements

A Referral Agreement is an agreement required by the SSA when an EN that holds a Ticket assignment refers a Ticket holder to DRS for VR services and maintains a Ticket assignment. This agreement defines the responsibilities of DARS and the EN under the SSA’s Ticket to Work Program.

If you determine that a consumer’s Ticket is assigned to an EN, follow the procedures below.

  1. Ask the consumer to submit a written request to MAXIMUS for the Ticket to be unassigned from the EN before DRS provides VR services, so that the services can be provided under the SSA/VR Cost Reimbursement Program. As appropriate, help the consumer write the request and fax it to MAXIMUS at 1 (703) 893-4149 or 1 (703) 893-4020, or mail it to

    MAXIMUS Ticket to Work
    ATTN: Ticket Assignment
    PO Box 25105
    Alexandria, VA 22313.

  2. If the consumer refuses to submit a written request, obtain the name, address, and phone number for the EN and contact the DRS Program Specialist for the Ticket to Work Program. If the EN is not in partnership with DARS (see SSA/VR Ticket to Work Partnership Plus Program), the program specialist contacts the EN to initiate a Referral Agreement.
  3. Ask the consumer to provide a copy of the Individual Work Plan (IWP) developed with the EN. Review and, as appropriate, use services listed in the consumer’s IWP as a comparable benefit. Include providing copies of any future amendments to the IWP as a consumer responsibility in the DARS IPE.

SSA/VR Ticket to Work Partnership Plus Program

The Social Security Administration’s Ticket to Work Partnership Plus Program is a new approach to service delivery under the Social Security Administration’s Ticket to Work Program. Under this option, DARS and the Employment Network (EN), as defined by the SSA, partner to provide job retention or ongoing support services to a consumer after the VR case is closed. This partnership is a critical component in creating a seamless system of service delivery that supports a consumer’s effort toward achieving and maintaining self-supporting employment.

For additional information see Chapter 5: Services, 5.5.5 EN Employment Advancement Payments.