2001 Conference Proceedings
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THE RIGHT TO ASSISTIVE TECHNOLOGY THROUGH VOCATIONAL
REHABILITATION
Taymour Ravandi, Senior Attorney
PROTECTION & ADVOCACY, INC.
100 Howe Avenue, Suite 235N
Sacramento, CA 95825
ph. (916)488-9950
VOCATIONAL REHABILITATION
In this session, the speaker presents an overview of the
vocational rehabilitation system and concentrates on issues
relating to assistive technology. The presentation will entail a
discussion of the legal requirements that facilitate access to
technology for individuals receiving VR services. The attendees
will receive written material, and are encouraged to share their
experiences and ask questions.
The federal Rehabilitation Act provides for vocational (VR) and
independent living services to people with disabilities. In
California, the agency responsible for providing VR services is
the Department of Rehabilitation (DR). Under state law, DR also
administers the loan guarantee program.
Eligibility and Benefits
You are eligible for rehabilitation services if: (1) You have a
physical or mental disability which is a substantial impediment
to employment and (2) You require VR services to prepare, secure,
retain or regain employment. If DR thinks you cannot benefit from
its services, it must show that "by clear and convincing
evidence."
To apply for DR services, you need to complete and sign a
request for services form or otherwise request services; provide
information necessary to determine your eligibility and priority
for services; and be available to complete the assessment
process. This can be done at any DR district or branch office
located throughout the state. They are listed in telephone
directories under the State of California, Department of
Rehabilitation. DR must make a determination about your
eligibility within 60 days.
Any time the state cannot provide services to all eligible
persons because of a lack of funding, people with the most
significant disabilities must be served by DR before other
individuals with less significant disabilities.
VR services include any service or equipment that you need to
achieve your employment goals. Equipment, often referred to as
assistive technology, may be requested under the following
benefits:
-Rehabilitation technology services;
-Vocational and training services;
-Physical and mental restoration services;
-Occupational equipment and tools;
-Alternative modes of communication;
-Transportation services; and
-Other goods and devices you need, including architectural
barrier removal.
Authorization Process
Equipment and services you need must be described in a written
document, called an Individualized Plan for Employment (IPE).
Your IPE is developed jointly between you and DR, and should be
revised annually. For technology, your IPE must specify the items
you need, how they will be provided to you in most integrated
setting and who will provide them.
Appeal
If you disagree with any DR decision, you have one year to ask
for an internal review. You can challenge the outcome of the
review through mediation and/or in a fair hearing. Mediation is
voluntary. It cannot be used to deny or delay your right to a
hearing. A Fair Hearing is your opportunity to go before a panel
called the Rehabilitation Appeals Board (RAB) and tell them why
you think DR has made a wrong decision. Until the RAB's final
decision, DR must continue the services you were receiving when
the dispute arose. You have a right to submit evidence at the
mediation or hearing. You also have a right to be represented in
the mediation session or hearing by a person that you
select.
The Client Assistance Program (CAP) is available to inform and
advise all clients and applicants of all available benefits under
DR. Upon request, CAP can assist and advocate for you at any
stage of your appeal.
If you are dissatisfied with the RAB's final decision, you can
challenge it in Superior Court within six months. You may ask CAP
to help you decide whether to go to court. You will probably need
an attorney for a court action against DR.
Other Programs
Individuals who have a significant disability are eligible to
receive services they need to live independently in the community
or with their families. These services are provided through
independent living centers. Finally, those who are not DR clients
may qualify for the DR programs that provide loan guarantees for
acquiring transportation and assistive technology
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