Current through Reg. 50, No. 187; September 24, 2024
(1) In order to
determine the level of significance of the individual's disability, the
division through a counselor shall identify:
(a) Severe impairments which seriously limit
one or more functional capacities;
(b) The vocational rehabilitation services
needed to address those impairments; and,
(c) An estimate of the time that services
will be provided to reach an employment outcome.
(2) Eligible individuals will be selected by
the division to receive vocational rehabilitation services in descending order
of the following priority classifications.
(a)
Criteria for Most Significant Disability (Category 1). An individual with a
disability which:
1. Seriously limits three
(3) or more functional capacities in terms of work;
2. Requires three (3) or more primary
services;
3. Requires services to
be provided over an extended period of time (at least twelve (12) months); and,
4. Is not likely to be corrected
through surgical intervention and/or other treatment modes.
(b) Criteria for Significant Disability
(Category 2). An individual with a disability which:
1. Seriously limits one (1) or two (2)
functional capacities in terms of work;
2. Requires two (2) or more primary
services;
3. Requires services to
be provided over an extended period of time (at least six (6) months);
or
4. The individual is a recipient
of Social Security Disability Benefits (SSDI) or Supplemental Security Income
(SSI) as a result of disability or blindness.
(c) Criteria for Individual with a Disability
(Category 3). An individual with a disability which:
1. Does not seriously limit functional
capacity in terms of work; or
2.
Requires services that are expected to last less than six (6)
months.
(3)
Primary services. Primary services are major services that are necessary to
prepare the eligible individual for employment. Primary services include
counseling and guidance, training, treatment, and job placement, and more
particularly, (a) physical restoration; (b) mental restoration; (c) supported
employment; (d) extended services for supported employment; (e) employment
services; (f) occupational licenses, tools, business equipment, and initial
stock and supplies; (g) prosthetics and orthotics; (h) rehabilitation
technology;
(i) interpreter services; (j)
self-employment; and (k) community-based work experiences. Primary services
shall not include assessment services cited in the Individualized Plan for
Employment (IPE). Each service, if provided alone, could reasonably be expected
to directly benefit the individual in terms of an employment
outcome.
(4) Functional
Capacities. Limitations on the following functional capacities are used to
determine the level of significance of disability. These limitations are
derived from the individual's impairments.
(a)
Mobility means an individual's physical access to his or her environment,
either through his or her own ability (actions) or with the assistance of
others. Mobility also includes transportation to and from a worksite. The
functional capacity of mobility is seriously limited when the individual:
1. Due to disability, has no independent
mobility and must use a mobility device (wheelchair, walker, scooter) or
requires a personal care assistant;
2. Due to physical, cognitive or mental
disability, is unable to independently drive, or arrange or use public
transportation;
3. Due to
disability, has limitation(s) in balance and gross motor
coordination;
4. Due to disability,
is unable to climb one flight of stairs or walk 100 yards without a
pause;
5. Due to disability, is
unable to lift, reach, carry, grasp objects, push or pull; or
6. Due to disability, requires rehabilitation
engineering for home, vehicle, or work modifications.
(b) Communication means the individual's
ability to express himself or herself through speech and/or the ability to
receive and process communication. The functional capacity of communication is
seriously limited when the individual:
1. Due
to disability, cannot communicate without hearing aids(s) and/or adaptive
equipment, interpreter, e-mail, or relay services;
2. Due to disability, cannot speak or spoken
language is unintelligible;
3. Due
to disability, is unable to control inappropriate communication due to
cognitive dysfunction or mental illness (may say bizarre things, hear voices,
repeat self incessantly, and/or inappropriate comments); or
4. Due to disability, cannot focus,
concentrate, or understand what is being communicated.
(c) Self-Care means the ability to conduct
the essential activities of daily living unassisted by another individual. The
functional capacity of self-care is seriously limited when the individual:
1. Due to disability, requires personal
assistance with dressing, bathing, eating, toileting, grooming, preparing
meals, transferring from bed to chair; or
2. Due to disability, requires supervision or
personal assistance services with money management (banking, balancing a
checkbook, or making change).
(d) Self-Direction means the capacity to
organize structure and manage activities required to obtain and maintain
employment. The functional capacity of self-direction is seriously limited when
the individual:
1. Due to cognitive
dysfunction or mental illness, requires ongoing prompts or assistance to
understand and remember instructions;
2. Due to cognitive dysfunction or mental
illness, requires ongoing prompts or assistance in the area of concentration
and persistence to stay on task; or
3. Due to cognitive dysfunction or mental
illness, requires customized technology to accommodate the lack of
concentration, to remember instructions, or to understand
instructions.
(e)
Interpersonal Skills means the individual's ability to interact in a socially
acceptable manner at work with coworkers, supervisors, peers and the general
public. The functional capacity of interpersonal skills is seriously limited
when the individual:
1. Due to disability,
does not accept instructions and does not respond appropriately to feedback
from supervisors;
2. Due to
disability, does not get along with coworkers or peers; or
3. Due to disability, does not maintain
socially appropriate behavior at work based upon what would be normally
accepted in a work environment.
(f) Work Tolerance means the ability to carry
out tasks in an efficient and effective manner over a sustained period of time.
The functional capacity of work tolerance is seriously limited when the
individual:
1. Due to disability, is unable to
carry out work tasks without the intervention of job coaching or natural
supports to perform work activities;
2. Due to disability, is unable to sustain
mental, cognitive or physical activities in a work environment without the use
of individualized accommodation or customized rehabilitation technology;
or
3. Due to disability, unable to
work around certain substances or certain environments.
(g) Work Skills means the specific job skill
required to learn and carry out work functions. The functional capacity of work
skills is seriously limited when the individual:
1. Due to disability, is limited or unable to
retain new information or new learning without assistance; or
2. Due to disability, can only learn work
skills through constant repetition.
(5) Order of Selection. The order of
selection permits immediate reclassification into a higher priority category
when there is a change resulting in additional functional limitations that
require additional primary services and/or length of time.
(6) Job Retention. An eligible individual who
requires specific services or equipment to retain existing employment may
receive such services or equipment regardless of their placement in one of the
priority classifications set forth above.
Rulemaking Authority
413.22,
1001.02 FS. Law Implemented
413.24,
413.28,
413.30
FS.
New 5-14-12, Amended
10-18-18.
