6.0 Application

Table of Contents

Policy. 2

Reference:

34 CFR § 361.5, 41, and 42

RSA-PD-19-03

Sections 7(2), 101(a)(19), and 102(a) of the Rehabilitation Act of 1973, as amended

Effective: January 1, 2022

Duane Mayes signature

Approved: ________________________________Date: 01/01/2022

Duane G. Mayes, Director

Applying for services is the first step in the Vocational Rehabilitation (VR) process. Any individual with a disability who is physically present in the state of Alaska and wants to work has the right to apply for VR services with the Alaska Division of Vocational Rehabilitation (ADVR). ADVR does not have a duration of residency requirement. ADVR cannot deny an individual the right to apply for any reason, including homelessness, financial status, criminal history, or sobriety length. None of these circumstances are used to assume that an individual would not be an appropriate candidate for VR services.

ADVR has an obligation for the prompt and equitable processing of applications. If ADVR is on an Order of Selection (OOS) (See Policy 17, Order of Selection), the VR Counselor will explain the policy and process to the applicant.

An individual is considered to have submitted an application when the individual:

Has completed and signed the ADVR application form, or
Has completed a common intake application form, if available, at a job center requesting VR services, or
Has otherwise requested services from ADVR.
and:
Has provided ADVR the information necessary to begin the assessment process to determine eligibility and priority for services, an intake interview meets this criteria.
Is available to complete the assessment process.

Once the above criteria has been met, and the ADVR employee performing the intake interview (VR Assistant or VR Counselor) signs the ADVR Application for Vocational Rehabilitation Services, the formal application process is considered complete. ADVR has 60 calendar days from the date of a completed application to determine eligibility for the VR program.

As part of the application process, ADVR will explain an individual's rights and responsibilities, including their rights to confidentiality, their rights to appeal a decision made by ADVR, the availability of the Client Assistance Program (CAP), and will provide the individual with the ADVR Professional Disclosure Form.

ADVR allows only one open VR case at a time. If an individual moves from one geographical location of the state to another, the case can be transferred in order for the individual to be served out of a location closer to their residence, or if it is beneficial to the individual and ADVR, services can be delivered virtually.

If an individual is receiving Pre-Employment Transition Services (Pre-ETS) through the Potentially Eligible Program and applies for VR services, their Potentially Eligible case will be not be closed, rather archived; however, they are still eligible to receive Pre-ETS as part of their VR case, as long as they meet the definition of a student with a disability.

If the individual has had a prior case with ADVR and their former VR Counselor is still working for ADVR, and, provided the office location is still geographically reasonable for serving the individual, they will be referred to their former VR Counselor. If the former VR Counselor is no longer employed by ADVR, the individual will be assigned to the most appropriate VR Counselor in their geographical area.

If the individual is an ADVR employee or a family member of an ADVR employee, the employee will not be served out of the same office in which they work, but an employee's family member may be served out of the local office, with Regional Manager approval. If an individual has a personal relationship with an ADVR employee, that employee cannot serve that individual. In either situation, the VR Manager will be notified and ensure that the employee will not have access to the physical file, and the electronic file will be marked confidential, making it inaccessible to most ADVR employees.

1.1 Requests for Information about ADVR

Individuals can request information from ADVR in a variety of ways, such as online, in-person, telephonically, or through mail or fax. ADVR will respond to these inquiries within five business days of receiving the request.

1.2 Public Employee Referrals

State of Alaska Employees approved for disability benefits and who were hired under the Alaska Public Employees' Retirement System (PERS) after June 30, 1986 are required to apply for VR services within 30 days of being allowed benefits.

1.3 Orientation to Vocational Rehabilitation

Orientation to ADVR can occur virtually or in-person and through individual or group orientations. The ADVR orientation video is also available online at https://www.labor.alaska.gov/dvr/home.htm .

During Orientation, ADVR is obligated to provide all potential applicants with information about:

The Client Assistance Program (CAP)
Confidentiality
VR services
Informed choice
The rehabilitation process
That individuals who pursue VR services must intend to achieve an employment outcome
The rights and responsibilities of the individual
The VR appeals process
The ADVR Professional Disclosure Statement

1.4 Intake Interview

A VR Counselor or VR Assistant must conduct a comprehensive intake interview with every individual who chooses to apply for services, and the interview must be completed in a location that is secure enough to maintain the confidentiality of the information provided by the individual. The intake can occur virtually or in-person.

The primary purpose of the intake interview is to obtain information that is relevant to determining eligibility and disability priority category as well as establishing the foundation for the development of the Individualized Plan for Employment (IPE). The intake interview is the beginning of a comprehensive assessment process which incorporates the collection of medical, psychological, social, vocational, educational, cultural, legal, and economic information that is gathered to determine the unique strengths, abilities, and interests of the individual.

ADVR must make maximum use of existing information in the process of determining eligibility and formulation of the IPE. This includes any existing and current information available from other programs and providers, specifically medical and educational records. During the orientation, individuals are encouraged to bring existing records, if readily available, to the intake interview. During the intake interview, applicants will be asked to sign Release of Information (ROI) forms to the providers treating their disabilities. Refusal to sign ROIs prevents ADVR from accessing current/existing records as federally required under 34 CFR § 361.5(c)(5)(i)&(ii), and may result in ADVR being unable to make an eligibility determination.

If the intake is conducted in person, the ADVR Application Certification Page is signed by the applicant and VR Counselor/VR Assistant at the time of the intake interview. These signatures start the 60-day clock for determining eligibility. Virtual intake meetings may result in a delay in obtaining signatures, depending on whether an applicant has the necessary technology available to provide an electronic signature. In cases in which the individual cannot sign electronically, the 60-day clock for determining eligibility will begin when the Application Certification Page, signed by the applicant, is returned to ADVR, date stamped, and signed by ADVR staff.

1.5 Employment in the United States

Individuals applying for VR must intend to go to work and must have the ability to legally work in the United States. Legal ability to work means the applicant has a U.S. issued Social Security card, a green card, or a work permit. All of these documents have a unique number that validates the individual can work and ties their wages to the Internal Revenue Service. That number must be provided to ADVR, whether it is the Social Security number, green card number, or work permit number. Without this number, ADVR cannot fully process an individual's application for VR Services.

1.6 Social Security Administration (SSA) Beneficiary Verification

Individuals who receive Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) due to their disability are generally presumed eligible for VR. Verification of the applicant's benefit status is required. See Policy 7 - Eligibility for more information.

Verification may consist of a copy of an award letter from SSA, a check stub or bank deposit verification for an SSI or SSDI payment, or a Ticket-to-Work. If an individual has a My Social Security account, a benefits verification letter can be requested by visiting: https://www.ssa.gov/myaccount/?URL=/apps6z/BEVE/main.html.

1.7 Selective Service System (SSS)

Selective Service registration, while a legal requirement, affects neither the application nor the eligibility process. Although it can affect the development and the implementation of the IPE; specifically, the services for which ADVR can pay.

An application will not be denied if an individual is not registered in the SSS. Any male between the ages of 18 - 25 must have registered with the SSS in order to qualify for federal student aid, job training benefits, and most federal employment. The State of Alaska also requires SSS registration as a precondition to state employment, to receive student loans, and to receive the Permanent Fund Dividend (PFD).

ADVR requires SSS registration verification during the application process to determine if:

ADVR can legally provide training services to the individual
The individual is eligible to apply for the Pell Grant
The individual is eligible to receive Job Training services
The individual is eligible to apply for federal or state employment.

Verification may be made by the individual presenting their SSS card, or through the SSS website, https://www.sss.gov/verify/. The website verification requires the individual's social security number, birth date, and last name.

If an individual is 25 or younger and has not registered with SSS, they have a responsibility to do so. This can be done at any U.S. Post Office or online.

1.8 National Voter Registration Act (NVRA) Requirements

Section 7 of the National Voter Registration Act (NVRA) requires states to offer voter registration opportunities at all offices that provide public assistance and all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities. Under NVRA, States must report to the federal government the number of voter registration forms completed at voter registration agencies. The Division of Elections tracks all forms received from voter registration agencies and provides the report to the federal government.

Each applicant for ADVR services must be offered the opportunity to register to vote and/or to provide appropriate personal information changes (such as an address change) to the Division of Elections. All individuals at application will be given a Voter Registration Rights and Declination Form and offered assistance in completing the form. If an individual wishes to register to vote, ADVR can submit the form to the Division of Elections on their behalf. If an individual declines to register, a declination form must still be completed and maintained by the agency for 22 months.

The Division must track the number of forms completed, and whether they were registrations or declinations.

2.0 Definitions

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3.0 Exceptions

Any exception to Policy must be approved by the Chief of Rehabilitation Services or their designee.