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Impediment to Employment
Training Objectives• Review of the Eligibility Determination Process• Targeted Focus on the Impediment to
Employment section of Eligibility Determination• Interactive Review of Training Concepts
Eligibility Determination Overview
Each individual who applies for Vocational Rehabilitation Services goes through a process to determine whether or not they are eligible for VR. In the process of determining eligibility, the Vocational Rehabilitation Counselor must look at the criteria set for in 34 CFR 361.42.
Eligibility Determination OverviewCriteria (to be considered in sequential order)
1. The individual has a physical or mental impairment; and
2. The physical or mental impairment constitutes or results for the individual in a substantial impediment to employment; and
3. The individual requires vocational rehabilitation services to prepare for, enter or reenter, or maintain employment of the individual’s informed choice, consistent with her or her vocational strengths, resources, priorities, concerns, abilities, capabilities, and career interests; and
4. The individual can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.
Eligibility Determination OverviewPresumption of EligibilityAny applicant who has been determined eligible for Social Security benefits under title II (Social Security Disability Insurance) or title XVI (Supplemental Security Income) is presumed eligible for vocational rehabilitation services.
Eligibility Determination – Review
Impairment Impediment Requires VR Services
Ability to Benefit
Impediment to Employment
Impediment to Employment Defined
The impediment is the substantial barrier to preparing for, entering or reentering, performing and/or maintaining appropriate employment.The impairment must be the cause of the impediment.The impediment is the impact of the individual’s functional limitations on essential specific work tasks or work-relatedtasks.
Impediment to Employment Defined (cont.)
“….essential specific work tasks or work-related tasks”• Ask the individual/use employment/career resources• Potential job tasks• Academic limitations to preparing for employment• Global acceptable workplace behavior• SSI recipient and/or SSDI beneficiary
*Each impediment statement must be individualized for the particular situation.
Impediment to Employment – SSI Recipient/SSDI Beneficiary
Documentation of Impairment is not available at the time of Eligibility Determination:
These values were defaulted based on the presumption of Eligibility: Substantial Impediment to Employment = "Yes"; Requires VR Services = "Yes"; and Presumption of Ability to Benefit = "Yes".
Documentation of Impairment is available at the time of Eligibility Determination:
Impediment to employment is presumed based upon Mr. Smith's status as an SSI recipient based upon his own disability; per SSA Award letter dated, 4/3/17.
Impediment to Employment Template – Non SSA, Impairment is Observed or Supported by Collateral Documentation
Due to <impairment>, <insert consumer name> cannot <functional limitation> in order to <essential specific work task or work related task>.
Impairment/Functional limitations
Impairment Functional LimitationMajor Depressive Disorder Poor motivation or follow through
Social Anxiety Disorder/Panic Disorder Inability to maintain composure; inability to respond appropriately in social situations
Ruptured Disc at L3-L5 Cannot lift over 10 lbs.
Specific Learning Disability Inability to read or perform math efficiently and/or correctly without significant support
Attention Deficit Hyper-Activity Disorder Unable to maintain focus for prolonged periods of time
Blindness, no light perception Unable to navigate unfamiliar environments or to access printed material independently
Diabetic Neuropathy Inability to walk a distance of more than 10 feet at a time without rest
Traumatic Brain Injury Inability to learn and remember independently
Fibromyalgia Inability to lift, walk and perform repetitive pushing, pulling or twisting
Functional limitations/Essential Specific Work Tasks/Work-Related Tasks
Functional Limitation Essential Specific Work Tasks/Work-Related Tasks
Poor motivation or follow through independently seek employment, successfully participate in job interviews and report for work timely and consistently
Inability to maintain composure; inability to respond appropriately in social situations
participate in job interviews, approach a supervisor with a concern or attend to customer complaints as a Retail Sales Associate
Cannot lift over 10 lbs. unload and stack boxes of produce from delivery truck and onto the selling floor of a grocery store as a Dock Worker
Inability to read or perform math efficiently and/or correctly without significant support
read required text books and complete the required math courses to obtain the necessary credentials to be employed in a field commensurate with his abilities
Unable to maintain focus for prolonged periods of time accurately assemble products or pack and label boxes correctly as a Packager
Unable to navigate unfamiliar environments or to access printed material independently
navigate a warehouse safely, read production reports or read and send emails as a Production Manager
Inability to walk a distance of more than 10 feet at a time without rest
show customers commercial properties as a Real Estate Agent
Inability to learn and remember independently learn to stock shelves and return merchandise to the shelf as a Stocker
inability to lift, walk and perform repetitive pushing, pullingor twisting
lift heavy tools and maneuver body to get to engine parts, repair a brake line or change a flat tire as an Auto Mechanic
Impediment to Employment Statement
Impairment = Major Depressive Disorder
Functional Limitation = inability to maintain motivation or demonstrate appropriate follow through
Essential Specific Work Tasks or Work-Related Tasks = seek employment, participate in job interviews and report for work timely and consistently
Impediment to Employment Statement:
Due to Major Depressive Disorder, Mr. Smith cannot maintain motivation or demonstrate appropriate follow through in order to independently seek employment, successfully participate in job interviews and report for work timely and consistently.
Impediment to Employment Statement
Impairment = Social Anxiety Disorder & Panic Disorder
Functional Limitation = inability to respond appropriately in social situations and maintain composure under stress
Essential Specific Work Tasks or Work-Related Tasks = participate in job interviews, approach a supervisor with a concern or attend to customer complaints as a retail sales associate
Impediment to Employment Statement:
Due to Social Anxiety and Panic Disorder Mr. Smith cannot respond appropriately in social situations and maintain composure under stress in order to participate in job interviews, approach a supervisor with a concern or attend to customer complaints as a Retail Sales Associate.
Impediment to Employment Statement
Impairment = Ruptured Disc at L3-L5
Functional Limitation = inability to lift more than 10 lbs.
Essential Specific Work Tasks or Work-Related Tasks = lift boxes of produce or other store products from delivery-trucks as a dock worker
Impediment to Employment Statement:
Due to a ruptured disc at L3-5, Mr. Smith cannot lift more than 10 lbs. in order to unload and stack boxes of produce from the delivery truck and onto the selling floor of a grocery store as a Dock Worker.
Impediment to Employment Statement
Impairment = Specific Learning Disability
Functional Limitation = inability to read or perform math efficiently and/or correctly without significant support
Essential Specific Work Tasks or Work-Related Tasks = read required text books and complete the required math courses to obtain the necessary credentials to be employment in a field commensurate with his abilities.
Impediment to Employment Statement:
Due to a specific learning disability, Mr. Smith cannot read or perform math efficiently and/or correctly without significant support in order to read required text books and complete the required math courses to obtain the necessary credentials to be employed in a field commensurate with his abilities.
Impediment to Employment Statement
Impairment = Attention Deficit Hyper-Activity Disorder
Functional Limitation = inability to maintain focus for prolonged periods of time
Essential Specific Work Tasks or Work-Related Tasks = accurately assemble products, or pack and label boxes correctly
Impediment to Employment Statement:
Due to Attention Deficit Hyper-Activity Disorder, Mr. Smith cannot maintain focus for prolonged periods of time in order to accurately assemble products or pack and label boxes correctly as a Packager.
Impediment to Employment Statement
Impairment = Blindness, No Light Perception
Functional Limitation = Unable to navigate unfamiliar environment independently
Essential Specific Work Tasks or Work-Related Tasks = navigate a warehouse safely, read production reports or read and send emails as a production manager
Impediment to Employment Statement:
Due to blindness Mr. Smith cannot navigate unfamiliar environments or access printed material independently in order to navigate a warehouse safely, read production reports or read and send emails as a production manager.
Impediment to Employment Statement
Impairment = Diabetic Neuropathy
Functional Limitation = cannot walk more than 10 feet at a time without rest
Essential Specific Work Tasks or Work-Related Tasks = show customers commercial properties as a real estate agent
Impediment to Employment Statement:
Due to diabetic neuropathy Mr. Smith cannot walk more than 10 feet without rest in order to show customers commercial properties as a real estate agent.
Impediment to Employment Statement
Impairment = Traumatic Brain Injury
Functional Limitation = unable to independently learn and remember
Essential Specific Work Tasks or Work-Related Tasks = learn to stock shelves and return merchandise to the shelf as a stocker
Impediment to Employment Statement:
Due to a traumatic brain injury, Mr. Smith cannot independently learn and remember in order to learn to stock shelves and return merchandise to the shelf as a stocker.
Impediment to Employment Statement
Impairment = Fibromyalgia
Functional Limitation = inability to lift, walk and perform repetitive pushing, pulling or twisting
Essential Specific Work Tasks or Work-Related Tasks = lift heavy tools, maneuver body to get to engine parts, repair a brake line or to change a flat tire
Impediment to Employment Statement:
Due to Fibromyalgia Mr. Smith cannot lift, walk and perform repetitive pushing, pulling or twisting in order to lift heavy tools and maneuver his body to get to engine parts, repair a brake line or to change a flat tire as an auto mechanic.
Certification of Eligibility Document
Certification of Eligibility DocumentSTATE OF INDIANA
VOCATIONAL REHABILITATION SERVICES CERTIFICATION OF ELIGIBILITY
I. STATEMENT OF ELIGIBILITY
ATHA WHITE IS ELIGIBLE FOR VOCATIONAL REHABILITATION SERVICES.
II. REASON FOR ELIGIBILITY DETERMINATION
ELIGIBILITY DETERMINATION HAS BEEN BASED ON A FINDING THAT:
THE INDIVIDUAL IS A SOCIAL SECURITY BENEFICIARY AND/OR RECIPIENT WHO IS CURRENTLY RECEIVING SOCIAL SECURITY DISABILITY I (SSDI) AND/OR SUPPLEMENTAL SECURITY INCOME BLIND OR DISABLED (SSI-DB OR SSI-DI) PAYMENTS, AS VERIFIED BY…,
A COPY OF THE CURRENT AWARD LETTER A COPY OF THE MOST RECENT BENEFIT CHECK A WRITTEN STATEMENT OF BENEFIT STATUS(ES) AND AMOUNT(S) FROM THE SSA CONFIRMATION BY TELEPHONE A TICKET TO WORK OTHER <DESCRIPTION>
; AND
THE INDIVIDUAL INTENDS TO ACHIEVE AN EMPLOYMENT OUTCOME IN AN INTEGRATED WORK SETTING, AS EVIDENCED BY THE CO OF AN APPLICATION FOR VOCATIONAL REHABILITATION SERVICES; AND
-OR-
B.
• THE INDIVIDUAL HAS A PHYSICAL OR MENTAL IMPAIRMENT, IDENTIFIED AS PSYCHOSOCIAL IMPAIRMENTS (INTERPERSONAL AND BE IMPAIRMENTS, DIFFICULTY COPING), NO IMPAIRMENT AND • THE PHYSICAL OR MENTAL IMPAIRMENT CONSTITUTES OR RESULTS IN A SUBSTANTIAL IMPEDIMENT TO EMPLOYMENT BECAUSE D SOCIAL ANXIETY AND PANIC DISORDERS TABATHA EXPERIENCES FREQUENT PANIC ATTACKS WHICH RESULT IN AN INABILITY TO RESPOND APPRO IN MANY WORK RELATED SOCIAL SITUATIONS SUCH AS SUCCESSFULLY PARTICIPATING IN AN EMPLOYMENT INTERVIEW AND APPROACHING A SU WITH CLARIFYING QUESTIONS ABOUT WORK TASK COMPLETION; AND IN PARTICULAR, MAINTAINING COMPOSURE IN HIGH STRESS SITUATIONS INTERACTIONS WITH AN UNSATISFIED CUSTOMER AS ARE EXPERIENCED BY RETAIL SALES ASSOCIATES; THESE WOULD ALL POSE AN OBSTACLE FOR TO OBTAIN AND/OR MAINTAIN EMPLOYMENT.; AND • THE INDIVIDUAL REQUIRES VOCATIONAL REHABILITATION SERVICES, INCLUDING, BUT NOT LIMITED TO SUPPORTED EMPLOYMENT IN ORDER TO ACHIEVE AND MAINTAIN EMPLOYMENT OF HIS OR HER INFORMED CHOICE, CONSISTENT WITH HIS OR HER STRENGTHS, RESOURCES, P CONCERNS, ABILITIES, CAPABILITIES, AND INTERESTS; AND • THE INDIVIDUAL IS ABLE TO BENEFIT IN TERMS OF EMPLOYMENT FROM THE PROVISION OF VOCATIONAL REHABILITATION SERVICES; AND • THE INDIVIDUAL INTENDS TO ACHIEVE AN EMPLOYMENT OUTCOME, AS EVIDENCED BY THE COMPLETION OF AN APPLICATION FOR VO REHABILITATION SERVICES.
ELIGIBILITY DATE: MAY 03, 2017
DATE:
DATE:
If you are dissatisfied with any decisions during your case, you may request a timely review of that decision through mediation and/or an impartial due process hearing. In order to request a timely review, you must complete and submit a Request for Review form to your local VR office within 20 days of receipt of the notification regarding such decisions. Whether you wish to appeal a decision or not, you may seek the help of the Client Assistance Program (CAP) of Indiana Protection and Advocacy Services, by contacting the CAP at the following address:
INDIANA DISABILITY RIGHTS 4701 NORTH KEYSTONE AVENUE, SUITE 222 INDIANAPOLIS, INDIANA 46205 TELEPHONE: 1-317-722-5555, OR 1-800-622-4845 TTY: 1-317-722-5563, OR 1-800-838-1131 EMAIL: [email protected]
Training Objective Check-In: Interactive Activity
Question #1:
True or False; a VR applicant that receives Supplemental Security Insurance (SSI) or Social Security Disability Income (SSDI) or a combination of both benefits due to their own disability is presumed to be eligible for VR services?
A. True
B. False
Correct Answer: A. True
Question #2:
Which is the correct sequence in which to apply the four VR Eligibility Criteria?
A. Requires VR Services, Impediment, Impairment, Ability to Benefit
B. Impairment, Impediment, Requires Services, Ability to Benefit
C. Impairment, Requires Services, Impediment, Ability to Benefit
D. Ability to Benefit, Impairment, Impediment, Requires Services
Correct Answer: B. Impairment, Impediment, Requires Services, Ability to Benefit
Question #3:
An accurately articulated Impediment to Employment statement includes what three components when the eligibility determination is based upon an impairment that can be observed or that is documented by collateral information?
A. Transportation barriers, functional limitations and economic employment trends
B. An impairment, consumer’s employment likes and dislikes and hourly wages
C. An impairment, functional limitations and essential specific work tasks or work-related tasks
D. Functional limitations, Medicaid status and essential specific work tasks or work-related tasks
Answer: C. An impairment, functional limitations and essential work tasks or work-related tasks
Question #4:
True or False; each Impediment to Employment statement must be individualized for the particular consumer’s situation?
A. TrueB. False
Answer: A. True
Question #5:
Which of the following answers best describe acceptable resources to utilize in order to formulate the Impediment to Employment statement?
A. DWD Hot Jobs List, SSDI Award Letter from 10 years ago, global workplace behavior
B. Individual’s friend’s report of individual’s job tasks, Career Index, IEP
C. Individual’s self-report of their receipt of SSI benefits, potential job tasks, O*Net
D. Individual’s description of their job tasks, consumer’s academic limitations noted in IEP, potential job tasks
Answer: D. Individual’s description of their job tasks, consumer’s academic limitations noted in IEP, potential job tasks
Question #6:
True or False; the Impediment to Employment statement can only be written when there is documentation in the file identifying a specific impairment?
A. True
B. False
Answer: B. False
Question #7: Which component(s) of a correctly articulated Impediment to Employment statement is the following example missing?
Due to the nature of COPD, causing an extreme lack of oxygen getting to the tissues of the body, this client is no longer able to do the only work she has known (CNA). She has few if any transferable work skills.
A. Impairment
B. Functional Limitation
C. Essential specific job tasks or job-related tasks
D. Both B & C
E. None, all necessary components have been included
Answer: D. Both: B. Functional Limitation & C. Essential specific job tasks or job-related tasks
Question #8: Which component(s) of a correctly articulated Impediment to Employment statement is the following example missing?
Inability to grip, stand, walk, lift. Anxiety causes spontaneous crying on job.
A. Impairment
B. Functional Limitation
C. Essential specific job tasks or job-related tasks
D. Both A & C
E. None, all necessary components have been included
Answer: D. Both: A. Impairment & C. Essential specific job tasks or job-related tasks
Question #9: Which component(s) of a correctly articulated Impediment to Employment statement is the following example missing?
Joshua’s intellectual disability presents cognitive barriers to success with employment.
A.Impairment
B.Functional Limitation
C.Essential specific job tasks or job-related tasks
D.Both B & C
E.None, all necessary components have been included
Answer: D. Both: B. Functional Limitations & C. Essential specific job tasks or job-related tasks
Question #10: Which component(s) of a correctly articulated Impediment to Employment statement is the following example missing?
Due to a left leg below the knee amputation, Thomas cannot safely navigate or maintain balance in uneven terrain in order to climb ladders to install roofing shingles and inspect roof areas for water leakage as a roofing contractor.
A.Impairment
B.Functional Limitation
C.Essential specific job tasks or job-related tasks
D.A & C
E.None, all necessary components have been included
Answer: E. None, all necessary components have been included