You may ask for:
Contents
Types of Reviews
What can I do
if I disagree with VESID's decisions about my case?
When to ask for an
Administrative Review, Mediation or Impartial Hearing
How to ask for an
Administrative Review, Mediation or Impartial Hearing
What happens next
If you ask for an Administrative Review
If you ask for
Mediation
If
you ask for an Impartial Hearing
After you have
been through all VESID review
VESID District Offices
Client Assistance Program (CAP) Local Offices
Dispute Resolution Association Referral
Centers
Types of Reviews
- Informal Review:
- You meet with your counselor and your
counselor's supervisor.
- Administrative Review:
- You communicate your concerns to the District Office Manager or other staff person
- Mediation:
- You communicate your concerns to an Impartial Mediator.
- Impartial Hearing:
- You state your concerns before an Impartial Hearing Officer
What can I do if I disagree with VESID's decisions about my case?
If at any time you do not agree with a decision by VESID, you may
ask for a review of the decision through the following ways:
administrative review, mediation, and/or impartial hearing.
- Step 1:
- Try to solve the problem by talking it over
with your counselor and/or your counselor’s supervisor. If you have already done
so and are not satisfied, you can ask for a review.
- Step 2:
- Ask for a review within 90 days of the
action or decision with which you disagree, unless you can show good reason for
asking for a review after 90 days.
When to ask for an Administrative Review, Mediation or Impartial Hearing ...
You may ask for a review, mediation or a hearing as quickly as
possible when you are unhappy with an action or decision such as:
- not allowing you to apply for services, or,
- not allowing you to get the services you want, or,
- stopping or limiting your services, or,
- other reasons.
How to ask for an Administrative Review, Mediation or Impartial Hearing ...
VESID staff will tell you
about the Client Assistance Program (CAP). The Client
Assistance Program may represent you, or assist you in
representing yourself, at any review you select. In some cases
CAP can provide you with legal advice if the above reviews
prove unsuccessful.
- You may bring a relative,
advocate or legal counsel with you to an administrative
review, mediation, or an impartial hearing. Let VESID know who
you are bringing in writing.
- The review will be set up at a
time and place that is good for everyone after
your written request is received.
What happens next ...
-
You may look at your case
record, VESID policies, and other documents before and during
the review, mediation or impartial hearing process.
- Let VESID know if you need a
sign language interpreter or other special accommodation.
VESID will help you find the interpreter and VESID will pay
for the interpreter for your review.
- VESID will pay for your
transportation to come to the review, mediation and/or
hearing. VESID will not pay for overnight lodging, legal fees or
transportation for anyone you bring.
- VESID will not stop services
that you are receiving at the time you ask for a review unless
those services were provided by purposely giving wrong
information or acted in an illegal manner to obtain those
services.
If you ask for an Administrative Review ...
- VESID will let you know
in writing of the day, time, reviewer and place for
your review at least 7 days before the review. The reviewer
will either be the VESID District Office (D.O.) Manager or another
staff person.
- You and any representative you
select will be able to talk about your complaint and give your
points of view to the reviewer at the review meeting.
- The reviewer will mail you a
written decision within 5 days after the review and ask you if
you agree with or disagree with the decision.
- Agree: If you agree
with the decision of the administrative review you should tell
the District Office (D.O.) Manager in writing and cancel any
request you may have for mediation or an impartial hearing.
Your counselor will begin to carry out the decision within 20
days.
- Disagree: If you
disagree with the decision of the administrative review, you
should tell the D.O. Manager
in writing. This will allow you the choice to
go ahead with the Mediation and/or Impartial Hearing.
- The D.O. Manager may decide
not to hold an administrative review if it will not solve the
problems (because of a law, regulation or policy.) If the D.O.
Manager decides not to hold an administrative review, you and
your representative will be told
in writing and the Mediation and/or the
Impartial Hearing will be setup, based on your choice.
If you ask for Mediation ...
- Mediation is voluntary. The Mediation Center or VESID
can give you information about how mediation works and how it
may solve your problem. (List of
centers is included in this
brochure). Once you decide you want mediation, you can begin
the mediation process by asking for mediation from the VESID
District Office
in writing.
- After you have sent VESID a
written request, you can contact the Center and ask
them to set up the mediation. Or if you prefer, you can ask
VESID to make these arrangements. The mediator will help you
and VESID to work together and agree on how to solve the
problem.
- The Mediation Center will set
up the mediation at a time and place that will be good for
everybody.
If you ask for an Impartial Hearing ...
- Send VESID your written
request for an impartial hearing. You may do this
without first having an administrative review
or mediation.
- VESID will appoint a hearing
officer after receiving your request.
- The hearing officer is someone
who knows vocational rehabilitation laws, policies, and the
vocational rehabilitation service system. The hearing officer
does not work for VESID or an agency that is involved with
your case.
- The hearing officer will
choose a convenient date, time and place for the hearing
within 60 days from the time VESID receives your request for a
hearing in writing.
- You will be told in
writing of the hearing at least 14 days before the
hearing.
- A hearing can only be postponed by
the Hearing Officer
if everyone agrees or if the hearing officer
decides that either party has a good reason.
- You and your representative
will be able to give your points of view and any evidence
about the disagreement to the hearing officer.
- After the impartial hearing is
over, the hearing officer will send a
written decision to you, your representative,
and to VESID no later than 21 days after he or she receives
the transcript of the hearing.
- The hearing officer's decision
is final and your VESID counselor will begin to do what the
hearing officer decides within 20 days of getting the
decision.
After you have been through all VESID reviews ...
- If you disagree with the
impartial hearing decision, you may go to the court system and
continue to try to have the decision changed. The
Client Assistance Program my be able to
help you with a legal appeal.
Additional Resources
VESID District Offices
Client Assistance Programs (CAP) Regional Offices
Dispute Resolution Association Referral Centers
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