3.0 - INELIGIBILITY DETERMINATION
3.1 - Ineligibility Determination CFR 34 361.43 (Division Policy 2.15)
If it is determined that an applicant is ineligible for Vocational Rehabilitation services or that an individual receiving services under an Individualized Plan for Employment is no longer eligible for services, the Rehabilitation Specialist, Supervisor, or District Administrator must:
- Make the determination only after providing an opportunity for full consultation with the individual during the face to face meeting at the Initial Interview or, as appropriate, with the individual’s representative.
- Inform the individual in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination, the reasons for the determination, and the means by which he/she may express and seek remedy for any dissatisfaction, including the procedures for review of the determination by an impartial hearing officer (Client Rights).
- Provide the individual with a description of services available from the Disability Rights Florida and how to contact that program.
- Refer the individual to other training or employment related programs that are part of the One-Stop (see Definition) service delivery system under the Workforce Investment Act (see Definition). Send the closure letter with client rights and mediation process. Document in AWARE.
- An ineligibility determination should be documented with a Certificate of Ineligibility and placed in the hard copy file as well as in AWARE (see Section 13.2) and Closure Letter in the individual’s record of service.
NOTE: After 12 months the state office will initiate a review of ineligibility determinations that are based on a finding that applicant is too severely disabled to achieve an employment outcome.
3.2 - Closures without an Eligibility Determination
An individual’s case file may not be closed prior to making an eligibility determination unless:
- He/she declines to participate in, or is unavailable to complete an assessment for determining eligibility.
- A minimum of 3 attempts over a 30 day period have been made to contact the applicant and documented in the AWARE file, with the last attempt being the 10 day letter, sent to the client or the client’s representative to encourage the client’s participation.
The closure should be documented in the Status function of the applicant’s AWARE case file and notification must be provided to the individual in writing or appropriate mode of communication that includes the applicant’s Client Rights.