Current through Register Vol. 48, No. 38, September 20, 2024
Documentation of the determination that an individual has a
most significant disability, a very significant disability, a significant
disability or a disability must be in the individual's VR case file, as well as
documentation concerning the evaluation of his or her rehabilitation
potential.
a) Prior to determining the
significance of an individual's disability, it must be determined that he or
she:
1) has a disability, or a combination of
disabilities, that causes a substantial physical or mental impairment that is
similar, but not limited to, the following list of disabilities:
A) amputation,
B) arthritis,
C) autism,
D) blindness,
E) burn injury,
F) cancer,
G) cerebral palsy,
H) cystic fibrosis,
I) deafness,
J) head injury,
K) heart disease,
L) hemiplegia,
M) hemophilia,
N) respiratory or pulmonary
dysfunction,
O) intellectual
disability,
P) mental
illness,
Q) multiple
sclerosis,
R) muscular
dystrophy,
S) musculo-skeletal
disorders,
T) neurological
disorders (including stroke and epilepsy),
U) paraplegia,
V) quadriplegia (and other spinal cord
conditions),
W) sickle cell
anemia,
X) specific learning
disabilities, or
Y) end stage renal
failure disease;
2) has
a disability, or a combination of disabilities, that seriously limits his or
her functional capacities, as listed in Section
553.150;
and
3) requires VR services over an
extended period of time.
b) If an individual meets the requirements of
subsection (a), then the following criteria must be met to determine the
significance of his or her disability:
1) To
be considered an individual with a most significant disability, he or she must
be an individual who has a disability that seriously limits three or more of
his or her functional capacities and who requires multiple VR services over an
extended period of time.
2) To be
considered an individual with a very significant disability, he or she must
have a disability that seriously limits two of his or her functional
capacities, and must require multiple VR services over an extended period of
time.
3) To be considered an
individual with a significant disability, he or she must have a disability that
seriously limits one of his or her functional capacities and must require
multiple VR services over an extended period of time.
4) To be considered an individual with a
disability, he or she must have a disability that results in an impediment to
employment but does not seriously limit his or her functional
limitations.
c) An
individual who has been determined eligible for disability benefits pursuant to
Title II (SSDI) or Title XVI (SSI) of the Social Security Act is considered to
be an individual with at least a significant disability and is presumed
eligible for VR services, unless the analysis of his or her functional
limitations and service needs, as described in subsections (a) and (b), place
the individual into a higher category of the order of selection.
