National Transition Network

Vocational Rehabilitation

Did You Know You Have the Right to Appeal
Any Decision Made by Vocational Rehabilitation?

What is an appeal?
An appeal is a request for someone of a higher authority to reconsider a decision made by a rehabilitation counselor. If your son or daughter has applied for, or is receiving Vocational Rehabilitation services, she/he has the right to appeal any decision made by the counselor or coordinator concerning services.

What should happen?

• Vocational Rehabilitation (VR) must give written notification of the right to appeal, including information about the Client Assistance Project (CAP). This information is provided at the time of application for services and when the Individual Written Rehabilitation Plan (IWRP) is developed.
• Notification of these rights must also be given if Vocational Rehabilitation decides your son or daughter is not eligible for services, or if VR wants to suspend, reduce, or terminate services being provided under the Individual Written Rehabilitation Plan (IWRP) without your agreement.
• If your son or daughter appeals a change in her/his IWRP, the services in question must be continued until a final decision is made, unless services were obtained through misrepresentation, fraud, collusion or criminal conduct.

If you are a person with a disability who is receiving or thinking of applying for Vocational Rehabilitation services, or a parent whose son or daughter is going to be applying for services, this article contains information you should know.

The Rehabilitation Act states that persons with disabilities must be full partners in the development of their Individual Written Rehabilitation Plan (IWRP) (see Part 1: Rehabilitation Services Available for Youth with Disabilities, for further information on Vocation Rehabilitation programs and services and the IWRP). This includes making informed choices about goals and the kinds of support needed to obtain them. Your son or daughter has a right to a program that will assist him/her in obtaining a job that utilizes his/her abilities and capabilities. Your son's or daughter's program must:

• be jointly developed by, agreed to, and signed by your son or daughter and his/her counselor.
• be consistent with what your son or daughter wants to do.
• include a statement, in your son's or daughter's words, describing his/her participation.
• be provided in the mode or language your son or daughter uses, or if appropriate, his/her family member or advocate.
• be described in a written plan and your son or daughter must be given a copy.

The IWRP must be reviewed annually. Changes can be made at any time, but will not take effect until agreed to and signed by your son or daughter and his/her counselor.

If there is disagreement about the change, your son or daughter has the right to appeal.
Let's say your son or daughter applies for Vocational Rehabilitation services and is found eligible. As part of his/her Individual Written Rehabilitation Program, your child wants Vocational Rehabilitation to cover the costs of a specific training program that she/he believes would enable him/her to reach a personal vocational goal.

The counselor, however, believes there is no disability-related reason for your child's requests. The counselor and your son or daughter try to reach an agreement but cannot. Dissatisfied with the counselor's final decision, your son or daughter decides to appeal.

What are your child's options for appeal?
Typically states have an informal and a formal method of appeal. The informal method is a review that may be done by the counselor's supervisor and/or a higher authority. The formal method involves an impartial hearing officer who would hear both sides of the dispute. The impartial hearing officer may be provided with additional evidence and information from either party.

If your son or daughter is having difficulties with Vocational Rehabilitation, the Client Assistance Program (CAP) may be able to help. Every state has a Client Assistance Program to provide information and assistance about the available benefits and rights of applicants and consumers of Vocational Rehabilitation.

The CAP can also advocate for applicants and consumers and assist them in their appeal, and may help with legal and administrative services, if appropriate.

Conclusion
The Rehabilitation Act, amended in 1992 regulates Vocational Rehabilitation in every state. The law states that work is a valued activity. Work fulfills the need of an individual to be productive, promotes independence, enhances self esteem, and allows for participation in the mainstream of life in America.

People with disabilities have demonstrated that they have the ability to achieve employment and compete in the American mainstream if appropriate services and supports are provided.

The future will always bring change and we may experience amendments to the current law and service delivery system. It is important for persons with disabilities, their family members, advocates, and professionals to continue to work together. We must ensure that the concept of empowering persons with disabilities is maintained and continues to guide the system.

The National Transition Network is a collaboration of the Colorado State University; University of Illinois, Urbana-Champaign; University of Minnesota; PACER Center; and the University of Vermont. Its headquarters are at the Institute on Community Integration (UAP), University of Minnesota.

To order a hard copy of this document, please contact NTN at 103 U-Tech Center, 1313 SE 5th Street, Minneapolis, MN 55414, (612) 627-4008, ncset@umn.edu.