02 Referral/Applicant Status
Revised: 08/03
02-02 Applicant Status
02-02-01 Policy Statement
The New Mexico Division of Vocational Rehabilitation commits to a process which informs referrals for VR services of application requirements and gathers information necessary to initiate an assessment for determining eligibility in a timely and equitable manner. All applicants are entitled to participate in the assessment for determining eligibility.
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02-02-02 Definition
An applicant is an individual who has completed and signed an application for vocational rehabilitation services or has completed a common intake application form in a one-stop center requesting VR services; or has otherwise requested vocational rehabilitation services from DVR. The application or request for services must be signed by the participant or participant's representative, as appropriate.
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02-02-03 Procedures
02-02-03-01 Time Limitations
The purpose of Applicant Status is to gather diagnostic information sufficient to make a determination of eligibility. Though planning activity may take place in Applicant Status, the emphasis must be on making an eligibility determination in a timely manner. The counselor must determine whether an individual is eligible for vocational rehabilitation services within 60 DAYS after the individual has submitted a signed application for services unless:
the counselor determines, in consultation with the participant, that exceptional and unforeseen circumstances beyond the control of the counselor preclude making an eligibility determination within 60 days and the participant agrees to a specific extension of time by signing an Eligibility Determination Extension; or,
the counselor determines, in consultation with the participant, that a specific extension of time is required to involve the participant in either trial work experiences or an extended evaluation period in order to determine eligibility.
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02-02-03-02 Initial Interview
Upon receipt of a referral or signed application, an initial interview should be scheduled as soon as possible to assure compliance with the 60-day eligibility time limit. A counselor or rehabilitation technician must conduct the initial interview. During this interview as well as in all communication with the participant, it is critical to utilize the mode of communication which most effectively facilitates communication. Interpreter services should be provided if identified as a need either through the Brief Sheet or through contact with the applicant or referral source. During the initial interview and throughout the VR process, it is essential to assess the communication process and participant's comprehension and adjust your communication style, use of interpreters or other appropriate modes of communication as necessary. The purpose of the initial interview is to:
Exchange information with the participant,
Establish a basis for the participant/counselor relationship,
Provide a thorough review regarding DVR's process, procedures, and expectations;
Start the diagnostic process needed to determine eligibility.
During the initial interview, document to the extent necessary, an appraisal of the individual's current functioning in the following areas:
Medical - to include reported diagnosis, functional limitations, medications, surgeries.
Social - to include family and other support network.
Intellectual - to include level of functioning.
Financial.
Other issues affecting the participant's vocational rehabilitation.
Psychological - to include reported diagnosis, functional limitations, medications, hospitalizations, etc.
Education - to include levels of attainment and areas of study.
Vocational - to include full work history, tasks performed, reasons for leaving jobs, transferable skills, etc.
Independent living.
During the initial interview, the following forms should be reviewed with the participant and completed as follows:
Application for VR services - obtain applicant and/or guardian signature as appropriate on DVR Application for Services if this has not yet occurred.
Participant Rights and Responsibilities Handout - review the handout sheet with the applicant and/or guardian as appropriate. Obtain signature(s) of the applicant and/or guardian and provide them with a copy of the handout. A copy of the signed form must be placed in the hard file.
Release of Information forms - while all efforts should be made to have the applicant gather existing information to document the reported disability, an alternative to gathering existing records is to have the applicant or guardian sign a release of information form. The release must be completed prior to obtaining the signature with copies of the forms retained in the case file.
During the initial interview, set short-term "homework" tasks for the applicant as appropriate given the reported impairment, to expedite the eligibility determination process and assess motivation. Examples would include, attendance at appointments with the counselor or other diagnostic appointments, exploration of vocational interests, contacting educational institutions or employers as appropriate, contacting other service providers such as Department of Labor or One Stop Centers, etc. Make the participant aware of the 60-day requirement for an eligibility decision and, as appropriate, his or her responsibilities in helping to expedite the process including providing verification of SSDI/SSI eligibility. Emphasizing job placement issues during the initial contacts with the applicant during the initial contacts helps to focus attention on the real mission of the agency and not on the immediate psycho-social service needs of the individual.
There may be some instances which warrant the individual to complete the Participant/Application information prior to the initial interview. For example, if the participant lives in an outlying area and cannot make regular or frequent visits to the DVR office. When circumstances like this exist, the participant should be provided with the Participant Information Worksheet (hard copy), the Application and the Participant Rights and Responsibilities handout. These can be mailed out if necessary. The Participant Information Worksheet is designed to complement the AWARE system for key entry. As noted, the Application and Participant Rights and Responsibilities form must accompany the Participant Information Worksheet. There is a date received section on the Participant Information Worksheet form which is to be completed by DVR staff when the packet is received in the DVR office. The date that the completed packet is received in the DVR office is the date that the participant becomes an official applicant and this begins the 60-day eligibility determination period.
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02-02-03-03 Requirements For AWARE
Complete AWARE Application datapages in order to officially open the case in the AWARE system. This can be done either during or following the initial interview.
Document all relevant data within the datapages or a case note. While the Application datapages readily capture most of the required information such as vocational background (work history), medical/psychological (Disability datapage) and financial, it is important to note that AWARE does not have categories for all the information that should be gathered at the initial interview. The interviewer should utilize Section D of the Application Documentation datapage (Other participant information or comments) or a separate case note to document pertinent social, intellectual (if not captured on disability related issues), independent living, education and attendant factor information, such as transportation and childcare issues as well as any other issues affecting the individual's vocational rehabilitation. Complete information regarding the individual's work history to include tasks performed, reasons for leaving jobs as well as disability related issues to include functional limitations is required.
The Application date used for AWARE should correspond with date that the signed application was received in the DVR office.
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02-02-03-04 Guidelines for Assessment
Counselor judgment is a critical factor in all issues pertaining to eligibility, particularly in determining, in consultation with the participant, the nature and scope of information necessary to determine eligibility and what assessment activities are needed that will provide such information.
The law emphasizes the use of information that is existing and current as appropriate considering the nature of the disability. The best way to determine the sufficiency of existing information is in relation to critical case questions formulated by the counselor when considering all eligibility criterions. When existing information is not sufficient, then appropriate assessment activities must be undertaken which will provide the necessary additional data.
When arranging for additional assessments, the counselor must review the need for add itional assessments with the participant.
During the assessment period, the financial needs test does not apply and the participant is also exempt from the determination of comparable benefits and services. Comparable services and benefits can be utilized voluntarily by the applicant but use of these benefits or services cannot be mandated by DVR during the assessment period.
Advise participants that diagnostic assessments provided during this phase of the rehabilitation process are for the purpose of gathering data related to eligibility determination and that recommended treatment resulting from an authorized diagnostic exam is not automatically covered by DVR. Provision of recommended treatment may or may not be provided in the future depending on outcome of eligibility determination and whether service is identified as "required" to obtain an employment outcome by the VR Counselor and participant.
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02-02-05 Scope of Diagnostic Study
02-02-05-01 Diagnostics for Eligibility
Impairments must be substantiated in written form by a Medical Doctor, Doctor of Osteopathy, Physician's Assistant, Nurse Practitioner or other professional licensed or certified in the diagnosis of the impairment to include the following:
Optometrist for eye infractions
Certified Psychologist to diagnose mental health/emotional disorders
Audiologist for hearing impairments
Educational Diagnostician for learning disabilities or mental retardation
Licensed Professional Clinical Counselors and Independent Social Workers for mental health diagnosis.
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02-02-05-02 Other Diagnostics
Reports from Licensed Professional Clinical Counselors, Independent Social Workers and Licensed Substance Abuse Counselors should be sought if the applicant is currently receiving treatment from this source. These reports should be considered in the overall assessment of the applicant.
If the impairment is stable and non-progressive, existing data is generally sufficient for substantiating the impairment. Existing reports should be utilized whenever possible, however, when the impairment is not stabilized or is progressive, current reports should be obtained.
If existing reports are not available or sufficient, the participant's own physician or physician of choice should be utilized whenever possible.
Further diagnostics needed to substantiate or clarify functional limitations may be obtained, as appropriate, from individuals who are licensed or qualified according to statewide professional standards to include:
Speech, occupational or physical therapists
Vocational evaluators in private practice or in a facility
Rehabilitation engineer to assess a participant's potential to benefit from Rehabilitation engineering services
Educational Diagnostician's reports, school transcripts, or other school records
Licensed Professional Clinical Counselors
Independent Social Workers
Licensed Substance Abuse Counselors
Other diagnostics which lend information regarding the individual's level of functioning
Specialist exams should be utilized as described below:
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02-02-05-03 Hospitalization for Diagnostics
If hospitalization is requested by a physiician for the purpose of diagnostic study, medical and supervisory consultation shall be obtained.
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02-02-06 Eligibility Determination Extension
An Eligibility Determination Extension is reserved for exceptional and unforeseen circumstances that are clearly beyond the counselor's ability to control. The reasons will usually pertain to one of the following:
Applicant's failure to keep appointments, failure to follow reasonable directions, unavailability, etc.
Assessment activity has been appropriate, however, the information does not sufficiently answer case questions pertaining to eligibility and additional time is required to generate the information.
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Inability to obtain medical and/or psychological records in a timely manner when multiple impairments exist or the disability(ies) are of a complicated nature.
Note: Be sure to clearly document in the AWARE Case Notes datapage, what questions pertaining to eligibility need to be answered and what actions are planned to answer the questions.
When any of the above reasons exist for not being able to make an eligibility determination, explain the circumstances to the applicant and give the option of proceeding with an Eligibility Determination Extension or having the case closed. Before seeking the specific extension of time, the counselor should review the case to see if an eligibility determination can be made.
When counselor/team failure is the reason for not being able to make an eligibility determination within the allowed sixty (60) days time frame, explain the circumstances to the participant and inquire as to their willingness to proceed with an Eligibility Determination Extension. If the participant refuses, then the counselor must proceed as rapidly as possible in overtime to make an eligibility decision. Exceeding the 60-day time frame in this manner is in violation of Federal law for time in status.
Eligibility Determination Extensions must be printed, signed by the counselor and participant, and filed in the case file
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