5.3 Considerations Regarding Applicants

An applicant who was previously determined to be ineligible based on a finding that they were unable to achieve an employment outcome, due to the severity of their disability, has a right to have that decision reviewed within 12 months from the date of case closure and annually thereafter upon request. An individual who wishes to reapply (within 12 months) following an ineligibility decision, shall provide evidence that suggests the individual can benefit from the provision of vocational rehabilitation services in terms of competitive integrated employment.

The DVR counseling team may engage in discussion and guidance with an individual whose service record was closed for reasons other than successfully rehabilitated during the previous 12 months, or an individual who has multiple cases closed for such reasons. The purpose of this discussion is to support the individual and assist in carefully considering their current circumstances, their desire for employment, and their ability to fully participate in the vocational rehabilitation program goals toward achieving competitive integrated employment, while supporting the individual’s informed choice regarding their ability to meet all application requirements. When the previous closure was due to safety concerns, the local team shall consult with agency leadership to determine appropriate parameters for future engagement.

If it is known that an individual has been convicted of a criminal offense and is a fleeing felon or that an individual has an outstanding felony arrest warrant(s), the DVR counseling team shall advise the individual of the requirement to take care of their legal obligations, prior to application for DVR services. Documentation of such resolution shall be provided as part of the information necessary to initiate the eligibility determination process.