8.0 Trial Work and Extended Evaluation
Table of Contents
Reference:
34 CFR - 361.42
34 CFR - 361.43
34 CFR - 361.44
Code of Professional Ethics for Rehabilitation Counselors from the Commission on Rehabilitation Counselor Certification
Effective:
January 1, 2022
Approved: _________________________________ Date: 01/01/2022
Duane G. Mayes, Director
Policy
1.0 Summary
Trial Work is a method of assessment used to assist in determining eligibility when a Vocational Rehabilitation (VR) Counselor is unsure of an individual's ability to benefit from VR services in terms of an employment outcome due to the severity of the individual's disability. "The VR Counselor shall develop the Trial Work Plan consistent with the informed choice and rehabilitation needs of the individual."
Trial Work Experiences explore the individual's abilities, capabilities, and capacity to perform in a competitive integrated work setting and assist the VR Counselor in determining if an individual can benefit from VR services in terms of an employment outcome, or if there is clear and convincing evidence that an employment outcome is precluded by the severity of the individual's disability and an ineligibility decision is appropriate.
In such cases, a written Trial Work Plan must be developed to assess and determine the information above.
Trial Work Experiences for the purpose of determining eligibility, or determining continued eligibility, shall be provided under a Trial Work Plan in competitive integrated employment settings to the maximum extent possible, consistent with the informed choice and rehabilitation needs of the individual.
Criteria shall be determined and identified in the Trial Work Plan, which reflects the level of performance necessary to meet work requirements. Assessments of the individual's progress toward demonstrating and/or developing abilities, capabilities, and capacity to perform in work situations shall be planned, provided, and will be documented in the case record.
Trial Work Plans should be no longer than a total of 12 months (any extension beyond 12 months requires approval by the Chief of Rehabilitation Services or their designee), and a maximum of three Trial Work Experiences, each lasting a sufficient period of time (at least two weeks but no more than three weeks) should be provided in order to meet the standard of clear and convincing evidence, unless an eligibility decision can be rendered sooner. This ensures that the individual has sufficient opportunities to demonstrate and/or develop their abilities, capabilities, and capacity to perform in competitive integrated work settings. Participation in a Trial Work Experience does not in any way constitute an employer/employee relationship or agreement and may not necessarily occur in the individual's field of choice.
Trial Work Experiences shall be of sufficient variety and over a sufficient period of time to determine that either:
1. There is sufficient evidence to conclude that the individual can benefit from the provision of VR services in terms of an employment outcome; or
2. There is clear and convincing evidence that, due to the severity of the individual's disability, the individual is incapable of benefitting from the provision of VR services in terms of an employment outcome.
Eligibility for VR services is not static. "An individual may have a degenerative disability, acquire an additional disability and/or functional limitations during the VR process, or new information may become available that forces the VR Counselor to question the individual's continued ability to benefit from VR services in terms of an employment outcome." If such an event occurs after eligibility or plan development, Trial Work may be used to determine if the individual will no longer benefit from VR services in terms of an employment outcome, and may therefore, no longer be eligible for services.
If an individual is a recipient of SSI/SSDI and there is a question regarding the individual's ability to benefit from VR services in terms of an employment outcome due to the severity of the disability, Trial Work is necessary prior to Presumptive Eligibility, regardless of verification of Social Security benefits. (See Policy 7.0 Eligibility for more information about Presumptive Eligibility.)
2.0 Definitions
In the scope of this Policy, the following definitions apply:
Clear and convincing evidence : Clear and convincing evidence means that the VR Counselor has a high degree of certainty before they can conclude that an individual is incapable of benefitting from services in terms of an employment outcome. The clear and convincing standard constitutes the highest standard used in our civil system of law and is to be individually applied on a case-by-case basis.
The term clear means unequivocal or undisputable. For example, the use of an intelligence test result alone would not constitute clear and convincing evidence. Clear and convincing evidence might include a description of assessments, including situational assessments and supported employment assessments from service providers who have concluded that they would be unable to meet the individual's needs due to the severity of the individual's disability. The demonstration of clear and convincing evidence must include a functional assessment of skill development activities, with any necessary supports (including assistive technology), in real-life settings. A Trial Work assessment fulfills this criterion.
3.0 Exceptions
Any exception to Policy must be approved by the Chief of Rehabilitation Services or their designee.
