4.3 Provision of Vocational Rehabilitation Service(s) During Reviews and Mediation

When a review or mediation request is made, all vocational rehabilitation services being provided under a current plan shall continue as specified until the review and/or appeal is completed unless an applicant or recipient or, as appropriate, the individual’s representative requests a suspension, reduction, or termination of services. If the disputed service(s) and/or good(s) was obtained through proven misrepresentation, fraud, collusion, or criminal conduct by the individual or the individual’s representative, the good or service shall be terminated immediately. 

For more information on required procedures when fraud is suspected, please see Appendix D.

When an informal review, formal appeal, or mediation request concerns a service(s) or good(s) set forth in the Trial Work Experience Plan, Business Exploration Agreement, or the Individualized Plan for Employment, these plans may be amended to include new or additional vocational rehabilitation services that are necessary and appropriate to the individual's vocational rehabilitation needs unless the new or additional good(s) or service(s) relates directly to the issue under review. Similarly, potentially eligible students with disabilities receiving pre-employment transition services, may receive new or additional pre-employment transition service(s) or may proceed with an application while the outcome of an informal review, formal appeal, or mediation request is pending. 

If the issue under review concerns a determination of ineligibility for vocational rehabilitation services and/or closure, new or additional service(s) or good(s) shall not be provided.