New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES
Part 2 - DIRECT CLIENT SERVICES
Section 6.100.2.22 - PRESUMPTION OF BENEFIT
Current through Register Vol. 35, No. 18, September 24, 2024
A. There is a presumption that an individual can benefit in terms of an employment outcome from vocational rehabilitation services. Thus, all individuals applying for vocational rehabilitation services are presumed to be able to benefit in terms of an employment outcome from vocational rehabilitation services unless DVR can rebut this presumption.
B. To rebut this presumption, DVR must demonstrate by clear and convincing evidence that an individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.
C. If there is an issue concerning the severity of an individual's disability, DVR must conduct an extended evaluation prior to determining that the individual is incapable of benefiting from services.
