Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
Chapter 106 - DIVISION FOR BLIND SERVICES
Subchapter B - VOCATIONAL REHABILITATION PROGRAM
Division 2 - ELIGIBILITY
Section 106.309 - Eligibility
Universal Citation: 40 TX Admin Code ยง 106.309
Current through Reg. 49, No. 38; September 20, 2024
(a) To establish an applicant's eligibility for vocational rehabilitation services, DBS must:
(1) determine that the applicant has a visual
impairment;
(2) determine that the
applicant's visual impairment constitutes or results in a substantial
impediment to employment for the applicant;
(3) establish that the applicant requires
vocational rehabilitation (VR) services to prepare for, enter, engage in, or
retain gainful employment consistent with the applicant's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed choice;
and
(4) presume that the applicant
is capable of achieving an employment outcome, unless there is a demonstration
by clear and convincing evidence that the applicant is incapable of achieving
an employment outcome because of the severity of the applicant's
disability.
(b) When DBS has received appropriate evidence that the applicant is eligible for benefits under Titles II or XVI of the Social Security Act because of blindness and the applicant has indicated a willingness to work, DBS presumes that the applicant meets the basic eligibility requirements in subsection (a) of this section.
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