17.3 Ineligibility Closure

When the DVR Counselor determines that an individual is ineligible or that a previously determined eligible individual is no longer eligible for vocational rehabilitation services, the services record shall include documentation specifying the reasons for this determination. An ineligibility determination can be made only after full consultation with the individual or, when appropriate, their authorized representative or after giving clear opportunity for such consultation. This consultation, or the consultation offer, shall be documented in the service record.

Each individual determined ineligible shall be referred to:

● Other training or employment-related programs in the statewide workforce development system which can be of assistance in preparing for, securing, retaining, advancing in, or regaining employment.

● Other programs best suited to meet the rehabilitation needs if the determination is based on the severity of the individual’s impairment or a finding that the individual chooses not to pursue competitive integrated employment. These may include independent living programs and extended employment providers.

Documentation that one or more of the eligibility criteria are not, or are no longer, met shall be appropriately recorded in the service record.

The DVR Counselor shall provide the individual with written notification of the ineligibility closure action that is signed, dated, and delivered through appropriate modes of communication. This notification also includes:

1. The reason for closure.

2. Information about the individual's appeal rights.

3. Contact information for the Client Assistance Program and a description of the resources available.

4. Details on the ineligibility decision review process, as applicable. When the reason for closure is due to the severity of the individual’s impairment, the ineligibility decision will be reviewed within 12 months unless the individual refuses, is no longer present in Colorado, DVR is unable to locate them, or the impairment is rapidly progressive or terminal.

An ineligibility decision due to the severity of an individual's impairment(s) can only be made when the service record contains clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome. Clear and convincing means that there is a high degree of certainty before it can be concluded that an individual is incapable of benefiting from services in terms of an employment outcome. The term clear means unequivocal. For example, the use of an intelligence test result alone would not constitute clear and convincing evidence. Clear and convincing evidence might include a description of assessments (including situational assessments and supported employment assessments) from service providers who have concluded that they would be unable to meet the individual’s needs due to the severity of the individual’s disability. The demonstration of clear and convincing evidence shall include, if appropriate, a functional assessment of skill development activities with any necessary supports (including assistive technology) in real life settings.

The DVR Counselor shall provide an opportunity for full consultation with the individual or, as appropriate, with the individual’s representative.

The DVR Counselor shall review the ineligibility decision within 12 months of closure and annually thereafter if requested by the individual or their authorized representative unless the individual refuses the review, is no longer present in the state, their whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal. Review(s) shall include consideration of supported employment service provision as a possible means for achieving an employment outcome. The results of all annual reviews shall be documented in the service record.