New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Subchapter 2 - ELIGIBILITY STANDARDS FOR VOCATIONAL REHABILITATION SERVICES
Section 10:95-2.2 - Determining eligibility

Universal Citation: NJ Admin Code 10:95-2.2

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Once a signed application or equivalent has been received, the Commission shall make use of existing and current information, from other programs and providers, particularly information from education officials and the Social Security Administration, to the extent that it is available, for determining eligibility and assessing vocational needs. The Commission shall determine whether an individual is eligible for vocational rehabilitation services within a reasonable period of time, not to exceed 60 days after the individual has submitted an application to receive services, unless:

1. The Commission notifies the individual that exceptional and unforeseen circumstances beyond the control of the agency preclude completing the determination within the prescribed time and the individual agrees that an extension of time is warranted; or

2. An extended evaluation or trial work is required in accordance with 10:95-3.3.

(b) Eligibility for VR services shall be based on the following criteria:

1. The person has a visual impairment or is legally blind as defined at N.J.A.C. 10:91-1.12;

2. The visual impairment or legal blindness results in a substantial impediment to employment as defined at 10:95-1.2;

3. The individual can benefit in terms of an employment outcome from services. Individuals who are recipients of SSI or SSDI benefits shall be considered to be an individual with a significant disability, and shall be presumed eligible, provided that, with informed choice, those individuals are interested in achieving an employment outcome, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, and interests; and

4. The individual requires vocational rehabilitation services to prepare for, enter into, engage in, or retain employment.

(c) Eligibility for VR services shall be based on an individual's ability to participate in and complete a vocational program leading to an employment outcome. There is no requirement that an individual be a resident of New Jersey in order to receive VR services; however, the individual shall not be receiving VR services concurrently through another State agency.

(d) Eligibility for an extended evaluation shall be based upon the criteria as required by 10:95-3.3.

(e) Eligibility for trial work shall be based upon the criteria in 10:95-3.4.

(f) Ineligibility for vocational rehabilitation services shall be based upon the determination that:

1. The individual does not have a severe visual impairment or is not legally blind;

2. The visual impairment or legal blindness does not result in a substantial impediment to employment; and

3. There is clear and convincing evidence that such individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome in accordance with the Rehabilitation Act of 1973 as amended ( 29 U.S.C. §§ 701 et seq.) and any regulations promulgated thereunder. Clear and convincing evidence shall mean that the vocational counselor has a high degree of certainty before he or she can conclude that an individual is incapable of benefiting from services in terms of an employment outcome.

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