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Index
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Your Rights as Vocational Rehabilitation Client What
Vocational Rehabilitation (VR) Can Do For You Vocational
Rehabilitation (VR) is a program to help people with disabilities get ready to
go to work, keep working, or return to work.
VR can help if you want to work full or part time, be self-employed, or
work in supported employment. Services
VR can provide their clients include: (1)
paying tuition at school or training program; (2) buying items like
work clothes, bus pass, hearing aid, tape recorder; (3) providing vocational
counseling to help choose a career (4) providing a job developer to help find
a job; and (5) providing a job coach to help at a job. Besides
knowing what services VR can provide, it is also very important to know what
rights you have as their client. You
have the right to be an active participant in your VR plan.
This means you get to help decide what your employment goal is and help
decide what services you receive to reach that goal.
You also have the right to choose what person or agency provides you
these services. This is your right to informed choice. You and your
VR counselor will decide what your employment goal will be, and that it will
be consistent with your strengths, interests, resources, abilities,
capabilities and informed choice. So
for example, if you want to work in a library and already have done some
volunteer work at a library, VR should help you reach this goal which may
include paying for you to take courses in library science, providing you with
a job developer to find a library job, and help you purchase some work clothes
once you are ready to start working. Your
right to informed choice also means VR can not tell you what doctor go to for
an evaluation or what job developer you will go to for help in finding work.
Instead, your VR counselor must give you a list of doctors and/or job
developers, who contract with VR to provide these services, and let you pick
the one you want to go to. You
may want to pick someone whose office is close your home, is someone you
already know, or someone a friend has recommended to you.
You
also have the right to ask for different people to be involved in your VR
plan. This includes your VR
counselor, job developer, job coach, and tutor.
If, for example, your job coach is only showing up at your job site
once a week and is not helping you with problems there, you have the right to
ask for a new job coach. Appeal
Rights
Any
time VR denies a service, stops providing a service, or reduces a service, the
client has the right to file an appeal. Also,
if VR finds you ineligible for services, places you on the waiting list for
extended support services, or closes your case, you can appeal.
Appeal rights information must be given you when:
(1) you apply for services, (2) your Individualized Plan for Employment (IPE)
is written, (3) any service provided is decreased, suspended or stopped
altogether, and (4) your case is closed. If
VR believes you are too disabled to benefit from their services, they must have
clear and convincing evidence of this before they can deny services and/or close
your case. VR also needs clear and convincing evidence that shows you will only
be successfully employed with extended support services (ESS) before placing you
the waiting list for these services. If you disagree with either of these decisions, you can file
an appeal.
Appeal information must be provided to clients in a written notice (and
in whatever alternative format the client needs, such as in Spanish, on audio
tape, or in large print). Written
notice is a letter VR must send you and it must contact the following
information: the decision; the reason for the decision; an explanation of how
you can appeal the decision, including your right to request a fair hearing to
challenge the decision; notice about your right to use mediation to attempt
resolve the dispute; and a description of services available through the Client
Assistance Program. Be aware that
there is a time limit for submitting an appeal. There
are informal and formal options you can choose in the appeal process.
The informal choices included having the decision reviewed by your
counselor’s supervisor, having an administrative review, or using the
mediation process. The formal step
is to request a fair hearing. If the informal steps are unsuccessful, you still have the
right to go to a fair hearing. Please
call the Client Assistance Program (CAP) at the Arizona Center for Disability
Law if you have questions about your rights as a VR client.
Our number is: 520-327-9547 and 1-800-922-1447. Written
by: Linda Fischer
Client Assistance Program Advocate
Summary by Lynne Oland, Secretary of the Arc of Tucson Our guest at this meeting was Linda Fischer from the Arizona Center for Disability Law. Ms. Fischer is an advocate and paralegal working with the Client Assistance Program for the Center. The Center is the Protection and Advocacy System for Arizona and receives funds from various federal agencies. It’s purpose is to provide legal advocacy, training and representation for people with disabilities in matters related to those disabilities. In the employment area, the Center’s efforts focus on cases where there has been workplace discrimination against a person with a disability, where there has been harassment of such a person in the workplace, or where the employer has failed to provide accommodation that would allow the person to perform the job. Two major federal laws set the rules for workplaces with respect to people with disabilities, the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, which is a law with language similar to that of the ADA. Any workplace with 15 or more employees must comply with the ADA. The ADA does not apply to the federal government and Indian Tribes. If an employer receives federal dollars, or is a federal agency, it must comply with the mandates of the Rehabilitation Act of 1973. The disability is defined under the ADA and the Rehabilitation Act as a physical or mental impairment that substantially limits one or more major life activities. One example of cases the Center currently is handling is the Clarion (Inn Suites) case. The Center is representing 5 people who had worked at the Clarion Hotel on Alvernon through an agency that provided job coaching. The Center believed that their clients were being discriminated against because the hotel had unfair tip practices, segregated the workers at lunch and break time, and withdrew an accommodation. Soon after the hotel received a letter from the Center indicating that this behavior may be in violation of the ADA, the hotel fired them. The Center filed a complaint alleging discrimination and retaliation based on these events. The ADA also prohibits harassment based on disability. The harassment must be related to the disability, it must be continuous and severe, it must affect the work of the employee, and it must be unwanted in order for the ADA to offer protections. In other words, it cannot be something like a manager who is being mean or uncivil to everyone in the workplace. If you have been harassed at work, or believe you’ve been discriminated against in employment in another way because of a disability, you may file a charge of discrimination with the EEOC. If the discrimination occurred after August 22, 2002, a person has 300 days from the date he or she knew of the discriminatory conduct to file a claim under the ADA. Numerous “Guides” that help explain all this are available from the Center. If you believe you have been subjected to disability-related harassment, you should either write or get written for you a record of the date, time, who did the harassing, what happened, and whether there were any witnesses. If your employer has a harassment policy you should follow the steps in the policy to report the harassment. The Center has both Tucson and Phoenix offices. You will first reach the Employment Advice Line (327-9547), which is run by an attorney. Currently its hours are Mon/Tues (9am - 12 noon), Wed (11am - 2pm), and Thurs (2pm - 5pm). It is very important to understand that the Center provides advice, written guides, workshops, legal representation, and in a few cases, litigation. Usually, the cases selected for lawsuits are those the Center believes are the most likely to make an important contribution to disability law, affect the greatest number of people, or help enforce the ADA. The client must be prepared to assist in his or her case, including filing a charge with the Equal Employment Opportunity Commission (EEOC) or participating in mediation efforts. Arizona also has a state version of the ADA. Until this year, the Arizonans with Disabilities Act applied only to people with physical disabilities. Since August 22, 2002, it includes persons with mental disabilities as well. Note also that the ADA has other titles to it that prohibit discrimination by state and local governments, public entities and requires accessibility of telecommunication services. Questions from the session: 1) What legal responsibility is there to inform the employer about a disability? In general, the job applicant or employee with a disability does not have to tell the employer that he or she has a disability. There are, however, situations where disclosure is necessary. One example is when the applicant or employee needs an accommodation. Another example is disclosing a disability when asked during a lawful medical examination. The ADA also limits when an employer can ask disability-related questions. An employer must not ask disability-related questions prior to making a job offer. There is no legal requirement to give information about a disability on job applications or in an interview unless you need an accommodation. Employers can request medical exams after a job offer, but before the first day of employment, but only if they require them of all employees and the employer agrees to keep the medical information from the exam confidential. 2) How does a person begin a case about a possible workplace violation? See the Center’s self-advocacy guide “Taking Action” for details. In outline, the steps are: • Make a written record of the problem. • Try to solve it with the employer, if appropriate. • Call the Center’s the Employment Advice Line (327-9547) [see above for
times]. • File a charge of discrimination with the EEOC (in Phoenix) or with the
Attorney General’s Civil Rights Division (Tucson).
The EEOC will interview the person filing the charge and the employer,
and gather evidence. If a case is
not resolved during the EEOC process, the individual will receive a “right to
sue” letter. • Bring the “right to sue” letter to a private attorney or back to the
Center for Disability Law. If you
go to the Center, they will determine whether the case meets their requirements
(see above) and whether they have the resources to bring it to court.
The Center sometimes acts as co-counsel with private lawyers. 3) Can you file a charge of discrimination if you try to help someone with a disability that you see is being harassed? Yes, a charge can be filed by a person who experiences retaliation for: opposing an act or practice of an employer that violates the ADA, making a charge of discrimination under the ADA, participating in an ADA investigation, or encouraging a person to exercise his/her rights under the ADA. 4) What other help does the Center offer on employment issues? • Trainings and presentations are offered on employment rights. See <
> for dates, or call the Center. 5) What rights does a person with a disability have as a Vocational Rehabilitation program client? There are certain rights whether you are a client or an applicant. The Center has several guides on VR Client Rights. Please see the website or call the Center for more information. Common issues: • Being placed on the waiting list for Extended Support Services. The
Center’s Client Assistance Program believes there must be clear and convincing
evidence that the VR client needs extended support services before he/she can be
placed on the waiting list. Such
evidence must be obtained from trial work experience or from an extended
evaluation. The Center believes it
is a denial of services to place a client on the waiting list without this clear
and convincing evidence. • Inability to access VR services. If the client believes he/she can
benefit from other VR services such as training and job development, they should
appeal the decision to be placed on the waiting list.
If you are a current VR client and not receiving the services you want or
you’ve had a change in the services you receive and are not happy with this
decision, you have the right to appeal. One way to support the Center’s efforts to get VR to allow access to other services before a client gets off the job placement waiting list is for those on the waiting list to make noise about this. Bring the issue up!
The Arc of Tucson Quarterly Issues Meeting: Moderator: Martha Brightwell (The Arc of Tucson)
What is the goal? Finding appropriate housing is a major concern for people with developmental disabilities, and the process can be especially confusing and rather frightening when a young person is making the transition out of his or her parents' home. The goal of this meeting on housing was to define the process and to discuss issues and concerns about it from the perspectives of DDD, providers, people with developmental disabilities, and their families. We began with the following as an assumption: that all people, including those with disabilities, should have the right to design a living arrangement that works for them, that they should be able to chose with whom they will live, and that their support system will include a quality assurance process in which they and their families are involved. Residential options currently available in Tucson and some of the surrounding areas
Live with own family. Note that the time it takes to set up these arrangements varies. Placement in an adult developmental home or in a group home usually is faster than setting up an IDLA. Group homes are in place already and are licensed so the main requirement is for an opening in a home in which the individual feels comfortable. It takes much more time to put together an IDLA. There also is a Home-of-Your-Own program, which provides help with buying down a mortgage and with the process of applying for a mortgage. DDD has a liaison to this program who can assist families with getting started. Contact Kay Mello at 628-6844 for details. Process for obtaining residential support All requests to DDD for residential support are initiated via the support coordinator (SC). Often, the process is begun with development of a person-centered plan, which is intended to highlight a person's wishes and desires, to figure out which might be possible, and how they might be accomplished using the network of supports (state, local, neighborhood, family and friends) available to that person. The result is a specific plan of action with short and long-term goals. If housing away from the parental home is desired: 1. The SC prepares a packet and presents it to the district placement committee, which meets regularly. The committee comprises at minimum the manager of the Community Services Department (Nan Carle), some of her staff, and representatives from various programs in DDD. They set priorities among the requests and forward their recommendations to the District Program Administrator (Ron Barber). 2. The District Program Administrator evaluates the recommendations, taking into account their cost-effectiveness. Note that DDD is run on capitated funding and that the cost for an individual for all supports, not just housing, cannot exceed the cost of an institutional setting.
The higher cost of the typical IDLA usually means that it cannot be approved without at least 2 people in the setting. 3. Approved requests are forwarded to the central administration office of DDD in Phoenix. 4. If approved by the central office, the family is told that they may proceed. Individualized living arrangements In an IDLA, the individual and their family determine what kind of housing they would like and what kinds of supports they need to be in place in order for the individual to live successfully outside of the parents' home. In an IDLA, the home is owned or leased by the individual or his or her family. Most people lease a home because they are thereby spared dealing with all the maintenance. IDLAs are not licensed, which means that issues of quality assurance and how the arrangement will be monitored must be determined. Staffing is obtained through provider agencies. Because the cost of IDLAs is somewhat higher than for group homes, most people have to find a roommate, which often proves to be the longest and most difficult part of the process. Note, too, that because family (or friend) involvement is higher with IDLAs, it is critically important that the families of the individuals also get along so that the process of working out the inevitable rough spots between roommates is not made more difficult by inter-family discord. Kathy Lewis of DDD's Community Services Dept. is a key person in the process of setting up an IDLA. She helps define clear lines of responsibility…who is responsible for what. She has a Planning Guide available that includes a check list of the most important issues to consider in deciding whether an IDLA is a good choice for a particular individual. DDD will help find a roommate from a list of those interested. DDD also has a list of which provider agencies support IDLAs. Provider selection is now more under the control of the individual and their family than it ever has been. Currently, there are 6-10 local provider agencies supporting IDLAs. Note that DDD does not support IDLAs for children or adolescents. There simply are too many oversight issues that must be in place to ensure protection for children. Recruitment and training of staff Staff are provided by provider agencies who recruit and train them. Basics in the hiring process include: fingerprinting, required clean driving record, reference checks. Some agencies require that potential recruits visit one or more IDLAs or group homes to ensure that they know what they are getting into. A typical training plan includes a week of training in the agency office, training in the home, and evaluations at 3 mos, 6 mos, 1 yr, and yearly thereafter. Monitoring includes unannounced visits by supervisors. It was noted repeatedly that staff turnover is very high, 70-80% or more, with part of the retention problem being that staff are paid $7.50-8.15/hr. Qualified, committed staff often stay in their jobs because of the providers' health insurance and benefits package. It was noted that currently many immigrants from Russia, Asia, and Africa are being hired to do direct care. Some of these individuals were skilled professionals in medicine and business in their home countries. Monitoring/Quality Assurance Group homes: These are required to undergo an annual inspection by AZ Dept of Health Services and DDD. The Arc of Arizona is also authorized to monitor these settings using a quality-of-life checklist. IDLA: These residences are not required to undergo formal inspections. A quality assurance checklist is used to define needed oversight. Oversight is provided by family, friends, and community members. Adult Developmental Homes: These homes are monitored annually by staff from DDD. Who physically visit the home and provide written feedback to DDD. Monitors also do quarterly unannounced visits.
Funding Obtaining adequate funding is a serious problem. DDD currently serves about 5000 people statewide with a budget of $42 million. 43% of the people served are not ALTCS (Medicaid)-eligible. Of the $42 million, only $6 million can be used for this 43%. The situation is getting worse due to state budget shortfalls. In some states, all people with developmental disabilities receive state-funded services regardless of Medicaid eligibility. To help pay for housing, 70% of an individual's SSI/SSDI goes to DDD which applies the money toward housing expenses. If an IDLA is set up, the individual contributes 70% their SSI/SSDI for rent and utilities. A small subsidy may be available when expenses are in excess of 70%. If an individual and his or her family opt to request an IDLA, it is important for them to understand that there is limited or no set-up money for furniture and appliances. Due to tight funding from DDD, families are requested to help with move-in costs and ongoing support. Although many people with disabilities are not currently Alternate LTCS (Medicaid)-eligible, support coordinators can be very creative and helpful in finding ways to address housing needs. Also, for those living in the NW part of Tucson, DDD is setting up a new NW office (near Mona Lisa and Ina) which will include in its efforts a community assets mapping strategy. This strategy focuses on finding networks within communities that can help individuals obtain the supports they needs within their own neighborhoods and local community. The office will be inviting providers of adult day care programs and in-home supports to set up local contacts/ offices in that area. Clearly, many issues and concerns remain. For example, IDLAs require ongoing commitment from families, friends, and neighbors to ensure that the individuals living there are safe and well cared for. For example: How are these arrangements maintained in the long term, especially after death of the parents? How are these individuals best helped to function as true members of their neighborhood/community and how are they helped to form the networks they need to avoid isolation?The Arc of Tucson encourages you to let us know what else you worry about or need information about with respect to housing. We will revisit the topic if interest is great enough.
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