COMPETITIVE REHABILITATIONS

An individual who is determined rehabilitated has, at a minimum, maintained, for a period of 90 days, an employment outcome that is:

A. The result of services provided under the individual's Individual Plan for Employment;

B. Commensurate with the individual's abilities, capabilities, interests and informed choice;

C. In the most integrated setting possible, consistent with the individual's informed choice; and

D. The individual and the counselor/teacher agree that the employment outcome is satisfactory and that the individual is performing well on the job.

The case record must contain evidence of the above criteria and evidence that the counselor provided referral to assist the individual in securing needed services available through other agencies. The Michigan Commission for the Blind considers individuals working full time in the community, at competitive wages, with significant fringe benefits, to be the most desirable rehabilitation outcome. However, individuals meeting the above criteria under Supported Employment programming and individuals meeting the criteria for Homemakers are also valued rehabilitations. For competitive rehabilitations including Supported Employment cases, there must be information in the case record that an individual is compensated at or above minimum wage but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who do not have disabilities.

HOMEMAKER REHABILITATIONS

To close an individual's case in which he/she is rehabilitated with the vocational goal of Homemaker, case recording must demonstrate substantial services were provided and that those services contributed significantly to the individual's vocational goal. The individual must be personally performing substantial work in each of four core areas in order to be considered successfully rehabilitated: Kitchen Skills, Travel Skills, Home Management, and Communication Skills. This information must be documented in the case record. Individuals over age 55 who meet the requirement of a severe impediment to employment but who are not capable of competitive employment and who are not capable of performing substantial work in the four core areas mentioned above shall be referred to the Michigan Commission for the Blind Independent Living Program.

CLOSURES BASED ON INELIGIBILITY

An individual who is determined ineligible at any time in the vocational rehabilitation process must be notified in writing of the reasons for the ineligibility determination. The determination for closing a case because the individual is incapable of benefiting from vocational rehabilitation services must be based on clear and convincing evidence and the case record must contain evidence of an extended assessment. A determination of ineligibility made prior to the initiation of an Individual Plan for Employment must include:

A. The reasons for such a determination;

B. The rights and remedies available to the individuals, including, if appropriate, recourse to the processes such as an Administrative Review, Mediation or a Fair Hearing; and

C. The availability of services through the Client Assistance Program.

A decision based on a finding that an individual is incapable of achieving an employment outcome is made only in full consultation with the individual or his/her designee and will be reviewed within 12 months and annually thereafter if requested by the individual or his/her designee. This review need not be conducted if the individual has refused, the individual is no longer present in the state, the individual's whereabouts are unknown or the individual's medical condition is rapidly progressive or terminal. An ineligibility decision made after an Individual Plan for Employment has been developed must contain items A and B above and is treated as an amendment to the Individual Plan for Employment.

CLOSURES OTHER THAN INELIGIBILITY

If an individual's case is closed for any reason other than ineligibility, the case record must document that the individual declines to participate in the program or is not available to complete an assessment and that the VR counselor/teacher has made a reasonable number of attempts to encourage the individual's participation. If possible a notice should be sent to the individual.

EXTENDED EMPLOYMENT

An individual who is working in Extended Employment (i.e., employment in a community rehabilitation program) shall have his/her employment status reviewed annually to determine if the individual is ready to pursue employment in an integrated community-based position. This review must include input from the individual or his/her representative to determine the interests, priorities and needs of the individual for employment in or training for competitive employment in an integrated setting, which could very likely include supported employment.