Referrals to Vocational Rehabilitation | Eligibility for Vocational Rehabilitation | Services to Individuals The Rehabilitation Counselor | Employer Services | Applicant/Client Responsibilities | Applicant/Client Right of Appeal | Client Assistance Program | Special Emphasis Programs | The Americans with Disabilities Act | Public Hearings

What is Vocational Rehabilitation?

Vocational Rehabilitation (VR) is a Federal/State-funded program providing services to help individuals with disabilities enter or return to employment. It is designed to help individuals of work age with disabling physical and/or mental disabilities compete successfully with others in earning a livelihood. Vocational Rehabilitation programs take an active leadership role in advocating for the rights of individuals with disabilities, removing the physical and attitudinal barriers which often confront them, and publicizing their abilities and accomplishments to society at large.

In Tennessee, the Vocational Rehabilitation agency and Services for the Blind and Visually Impaired are combined as part of the Division of Rehabilitation Services (DRS) within the Department of Human Services. The program has been expanded and strengthened through the years with the goal of empowering individuals with disabilities by increasing opportunities for informed choice and high quality employment outcomes.

Application for Services

An individual with a disability may apply directly to Vocational Rehabilitation or may be referred by another individual or agency. A referral may be made by contacting a Vocational Rehabilitation office in person, by mail, by telephone or by internet. Referrals should include the information required in Part 1 of the application.

In general, a working age individual must meet the following criteria to be determined eligible:

• Has a physical or mental impairment which constitutes or results in a substantial impediment to employment
• Can benefit from Vocational Rehabilitation services in terms of an employment outcome
• Requires Vocational Rehabilitation services to prepare for, secure, retain or regain employment.
  In addition, an individual receiving SSI (Supplemental Security Income) or SSDI (Social Security Disability Insurance) benefits based on disability or blindness is presumed to be eligible if he or she intends to go to work, unless there is clear and convincing evidence that the disability is too severe for the individual to benefit from services in terms of an employment outcome. An individual who receives SSI or SSDI based on disability or blindness is also presumed to have a significant disability.
  

The Vocational Rehabilitation Counselor determines eligibility with the help of medical examinations, psychological examinations, vocational evaluations, and other diagnostic information secured by the agency to determine the nature and extent of the disability. This information will assist the Vocational Rehabilitation Counselor in evaluating the individual's employment potential and will assist the individual in choosing an occupational goal consistent with his or her potential.

The types of services provided are based on the needs of the individual and are designed to help the individual to become employable. Vocational Rehabilitation staff will assess needs in order to provide appropriate services. Certain services depend upon the individual's meeting economic need guidelines, while other services may be provided without regard to economic need.

Diagnosis - Medical assessment determines whether the individual has a disability, and what can be done to eliminate or reduce the disability; vocational assessment demonstrates the interests, talents, and employment potential; assessment for rehabilitation technology services is available when appropriate.

Counseling and Guidance - Qualified Vocational Rehabilitation Counselors assist the client in developing and implementing a rehabilitation plan.

Treatment - Depending on needs, medical and/or vocational treatment services may be provided. Prosthetic appliances such as artificial limbs, hearing aids, braces, etc., may be provided to increase the individual's ability to work.

Training - Depending on the employment goal, the individual may receive training on the job, at a trade school, business school, college or university, or other facility.

Maintenance and Transportation - Depending on economic need and relationship to an employment goal, these services may be approved to help meet living expenses during the course the provision of other services.

Rehabilitation Technology - The Vocational Rehabilitation Counselor may assist the client or the client's employer in making reasonable accommodations at the work site by modifying and adapting equipment, appliances and devices.

Job Placement - Staff will help locate jobs to match skills and interests, and may help obtain tools, equipment, licenses, permits, maintenance and transportation services when appropriate.

Post-Employment Services - Vocational Rehabilitation Counselors provide support services needed to keep individuals employed, including services previously listed.

The Vocational Rehabilitation Counselor, who heads the team that provides services, is a college-trained specialist with knowledge of vocational planning, and counseling. The counselor also has knowledge of the labor market, available training resources, and medical rehabilitation, and has proven skills in guiding individuals with disabilities into vocational fields where their assets will be utilized.

To strengthen its mission of placing individuals with disabilities into employment, Vocational Rehabilitation offers a variety of special services to employers, including:

• Meeting Employers' Personnel Need

• Provides trained, pre-screened, and job-ready workers.
  
  
• Assisting Workers Compensation Insurance Carriers
  
• Helps employees return to work by providing physical restoration services, counseling, retraining, and job modification, as needed;
• Provides employee placement services when return to the prior job is not feasible.
• Offers technical assistance on Tennessee's Second Injury Law, which limits liability to any subsequent injury if the individual hired has a permanent, preexisting injury.
  
  
• Providing Rehabilitation Services for Eligible Employees
  
• Assists employees injured off the job;
• Helps long-term disability claimants;
• Provides referral and coordination of services for employees with drug, alcohol, or emotional problems; and
• Purchases physical restoration devices such as hearing aids or artificial limbs when an employee meets Agency economic need guidelines.
  
  
• Meeting Federal Compliance Requirements
• Provides consultation in the preparation of an affirmative action plan;
• Provides information on the Americans with Disabilities Act (ADA);
• Assesses architectural barriers or special needs of physically limited workers at the job site.

APPLICANT/CLIENT RESPONSIBILITIES

Each applicant for or client of Rehabilitation Services has the continuing responsibility to cooperate with the Vocational Rehabilitation Counselor. Close cooperation is essential because each rehabilitation plan is individualized to meet the specific needs of the client. Failure by the applicant or client to keep appointments, maintain passing grades and/or satisfactory performance in training programs, or fulfill other responsibilities may lead to termination from the program.

Applicants or individuals who are dissatisfied with any decision or who believe they have been treated unfairly have the right of appeal through administrative review by a Rehabilitation Services supervisor, mediation conducted by an impartial mediator, or fair hearing conducted by an impartial hearing officer. To request appeal, an applicant or client, or appropriate representative, should contact their Vocational Rehabilitation counselor or a member of the Divisions supervisory staff within 30 calendar days of receiving notice of any unfavorable decision.

If the unfavorable decision involves termination or suspension of a service being provided under an Individualized Plan for Employment, the service may be continued pending resolution of the issue. However, if services have been obtained through misrepresentation, fraud or criminal conduct on the part of the individual, services will be terminated pending results of the appeal process.

Tennessee’s Client Assistance Program (CAP) helps individuals with disabilities
receive the services for which they are eligible under the Rehabilitation Act. CAP
provides information on available services and benefits, especially with regard to
individuals with disabilities who have traditionally been unserved or underserved,
and has the authority to pursue appropriate remedies to ensure the protection of the
rights of those individuals.

The Client Assistance Program is administered by Disability Law & Advocacy Center.
It is independent of Rehabilitation Services and is 100% federally funded through the
U.S. Department of Education, Office of Rehabilitation Services Administration.
An applicant or client of the Division of Rehabilitation Services needing information,
referral, guidance, or help in obtaining services may contact CAP at 1-800-342-1660
(TTY 1-888-852-2852), or write to Disability Law and Advocacy Center, 2670 Union
Avenue Extended, Suite 900, Memphis, Tennessee. You may e-mail them at
GetHelp@DLACTN.org .

Rehabilitation counselors provide services to individuals with a wide range of disabilities. Clients with special complex needs or significant disabilities, however, are often served by counselors who have specialized training and skills in working with a particular population. Specialized services are often developed in cooperation with other state agencies such as the Departments of Education, Mental Health and Mental Retardation, Health, and Labor and Workforce Development.

Although special Vocational Rehabilitation programs change from time to time in keeping with new federal regulations, laws and state initiatives, the following special emphasis programs are generally available in, some if not all, areas across the State.

Transitional Services from School to Work

Vocational Rehabilitation has cooperative agreements with the Department of Education and with local education agencies (LEA's) for providing a continuum of services to students with disabilities enrolled in public schools. The objective of this endeavor is to develop joint educational, training and vocational plans and goals for students with disabilities in order to bridge the gaps between the formal educational program and the world of work.

This program provides participant-directed Personal Care Assistance (PCA) services to persons with significant physical disabilities to enable them to enter or maintain employment. The PCA program is a state-funded program open only to individuals who are gainfully employed at a minimum of 30 hours per week or who are expected to be gainfully employed within a two-month period after being determined eligible for the program. An individual must need services for a minimum of 14 hours per week and for a maximum of 40 hours per week.

PCA services consist of daily activities such as bathing, toileting, dressing, food preparation and consumption, and transfer to and from bed or wheelchair. Examples of other services that may be provided include laundry, shopping, driving, and childcare.

The purpose of Independent Living Services is to provide comprehensive services to individuals whose disabilities are so significant that they do not presently have the potential for employment, but may benefit from Vocational Rehabilitation services which will enable them to live and function independently. Services may include transportation, interpreting services for the deaf, reader services, teaching services, orientation and mobility services for the blind, services to family members, job placement services, referral services, telecommunications, sensory, and other technological aids and devices, and appropriate preventive services to decrease the need for similar services in the future. The state program also serves elderly blind individuals with innovative methods and approaches to providing independent living services.

Independent Living Centers may offer other services to individuals with significant disabilities. Services may include counseling and referral; independent living skills; housing, recreation and transportation referral; health maintenance programs, and education and training necessary for living in the community and participating in community activities. Centers are located in Memphis, Chattanooga, Nashville, Jackson, Knoxville, and Johnson City.

Supported Employment

Supported Employment is. an approach to service delivery and competitive employment for persons with the most significant disabilities. It provides employment for many individuals who were previously considered unemployable.

Supported Employment is competitive work in integrated work settings in which individuals are working toward competitive work, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice of the individuals.

This program is for individuals with the most significant disabilities, for whom competitive employment has not traditionally occurred or has been interrupted or intermittent as a result of a significant disability. These individuals need intensive supported employment because of the nature and severity of their disability.

Training takes place in actual job settings at competitive wages. Contracts provide Supported Employment services through a number of facilities coordinated through Rehabilitation Services and Mental Health and Retardation. The unique feature of Supported Employment is the ongoing support it provides to individuals with the most significant disabilities while maintaining employment.

Rehabilitation Technology Services

Rehabilitation technology services, by law, must be provided by state rehabilitation agencies when necessary to achieve employment. Rehabilitation technology is defined as the systematic application of technologies and engineering to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas which include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology services and assistive technology devices.

REHABILITATION SERVICES SPECIAL COUNCILS

State Rehabilitation Council

Each state is required to have a State Rehabilitation Council, which provides oversight and advice on the operations of Rehabilitation Services agencies after consulting with the State Workforce Investment Board. Council members are appointed by the Governor and represent a broad range of individuals with disabilities and organizations interested in individuals with disabilities. Many of the council members are also citizens with disabilities. The State Rehabilitation Council, which convenes quarterly, provides input into development of the Rehabilitation Agency's State Plan. With annual updates, the State Plan focuses on the use of innovative means for achieving long-term success in expanding and improving Vocational Rehabilitation Services. The State Rehabilitation Council also coordinates with other councils within the state, assists with public forums, and prepares an annual report to the Governor.

Statewide Independent Living Council

The Statewide Independent Living Council is comprised of members, appointed by the Governor, who provide statewide representation of individuals with disabilities or who are knowledgeable about independent living services and centers. Most of the members are also individuals with a disability.

The Statewide Independent Living Council and the Division of Rehabilitation Services jointly develop the Independent Living State Plan. The Council monitors, reviews and evaluates its implementation. The Statewide Independent Living Council also coordinates activities with the State Rehabilitation Council and with other councils addressing issues affecting Tennesseans with disabilities.

Staff Advisory Council

The Staff Advisory Council is comprised of personnel representing all employee classifications in Vocational Rehabilitation. This Council establishes a linkage between field staff and State Office staff to improve communication and enhance services for individuals with disabilities.

Community Tennessee Rehabilitation Centers Advisory Board

The Local Tennessee Rehabilitation Centers Advisory Board is made up of business and community leaders from across the state. The Advisory Board works to enhance the operation of the agency's network of centers by providing input and advice on program matters.

The Americans with Disabilities Act (ADA) of 1990 marks the historic beginning of a new era in our nation's efforts to integrate people with disabilities into the mainstream of American life. In the past, thousands of national, state and local organizations have worked with employers, professional societies, the media and disability organizations to educate the general public and the business community that "people with disabilities can work!" Yet even with these collective efforts, the goal of equal employment for persons with disabilities has not been accomplished through good will alone. This goal made it necessary for Congress and the President to pass comprehensive civil rights legislation - the Americans with Disabilities Act.

The ADA makes it illegal to discriminate in employment on the basis of a disability. The civil rights protection is comprehensive because related necessities such as public transportation, public accommodations, telecommunications and training are also requirements of equal opportunity.

The U.S. Department of Justice and the Equal Employment Opportunity Commission have the responsibility for ensuring that businesses comply with the ADA.

For further information regarding this law, contact the Tennessee Committee for Employment of People with Disabilities at (615) 313-4907 or a local Mayor's Committee on the Disabled, a Rehabilitation Services office, or a local Tennessee Rehabilitation Center.

Services of the Tennessee Division of Rehabilitation Services are provided on a non-discriminatory basis without regard to disability, race, color, sex, age, creed, or national origin in compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, and Title V of the Vocational Rehabilitation Act of 1973, as amended.

The information contained herein is subject to change without notice. This information shall not be used to reflect the official policies or regulations governing the Tennessee Division of Rehabilitation Services program.

All applicants for services and clients of the Agency have a right to file complaints and to appeal according to regulations governing this principle.

All complaints based upon discrimination shall be addressed to the Assistant Commissioner of Rehabilitation Services, Division of Rehabilitation Services, 400 Deaderick Street, Nashville, TN 37248; or to the Rehabilitation Services Administration, U.S. Department of Education, Room 18T91, 641 Forsyth Street, S.W., Atlanta, GA 30303.

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