202.00 Eligibility for Services 2004 Memo

Subject: Presumptive Eligibility for Persons Receiving SSI/SSDI
Date: May 28, 2004

RSA’s 2003 Annual Review of VESID’s vocational rehabilitation practices require only one specific action. This action indicates that VESID must take steps to ensure applicants for VR services who receive SSI or SSDI are determined presumptively eligible.

VESID’s Policy Section 202- Eligibility for Services, contains very specific instructions concerning these consumers:

INDIVIDUALS WHO ARE RECIPIENTS OF SUPPLEMENTAL SECURITY INCOME (SSI) OR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS (SSDI)

An individual who has a disability and is receiving SSI or SSDI benefits, as determined by the Social Security Administration, is presumed to be eligible for vocational rehabilitation services.  SSI and SSDI recipients will be considered eligible with at least a significant disability unless VESID can demonstrate by clear and convincing evidence that the person cannot benefit from an employment outcome because of the severity of the individual's disability.

The individual should provide appropriate evidence to verify that the individual is a recipient of SSI or SSDI benefits.  If the applicant is unable to provide appropriate evidence to support that they are receiving Social Security benefits, then VESID must obtain appropriate releases from the individual and verify the applicant's eligibility by contacting the Social Security Administration.  This verification must be made within a reasonable period of time so that eligibility for vocational rehabilitation services may be made within 60 days of the application for services.

This is interpreted to mean that applicants who are recipients of SSI/SSDI should NOT be required to provide additional evaluation/medical documentation for the purpose of determining eligibility unless it is suspected that the individual may to too severely disabled to benefit from vocational rehabilitation services.  In such cases, extended evaluation/trial work must be used to substantiate a determination of ineligibility.  In all other cases, applicants who are recipients of SSI/SSDI must be made eligible expeditiously and moved into planning status.  This is not to say that additional evaluations may be needed for planning purposes, but the eligibility determination may not be delayed while such evaluation is being done.

Each office must review this issue with all staff and develop a supervisory plan to assure that staff are applying this policy correctly by June 1, 2004. After making a person eligible in this category, we will need to then find out more specific information about their disability, employment factors, etc to appropriately develop an IPE for services. There also may be circumstances where the consumer may be too disabled to benefit as a result of their disability. In this circumstance, we will need to follow the steps for Trial Work Experience/Extended Evaluation as outlined in the policy and procedures.