INDEPENDENT LIVING REHABILITATION
CHAPTER 8 – APPEAL RIGHTS
Through an appeal process, an applicant for or a recipient of services through Rehabilitation Services for the Blind/Independent Living Rehabilitation program has the right to appeal any action regarding the furnishing or denial of services. The appeal process is an opportunity for the individual and RSB to resolve any disputed issues. RSB will inform the applicant or client, guardian, or as appropriate, representative(s) of the individual, of the appeal process at the time of application, plan development and at case closure.
- The staff member informs the applicant or client that he or she must make a written request to the District Supervisor for an appeal.
- The appeal is held within 30 days of receipt of written request for appeal during normal working hours at the district office where the applicant’s or client’s case record is located.
- RSB staff members who were involved in case activities that led to the disputed decision are available for testimony.
- Before the appeal begins, the applicant or client must present written authorization to discuss confidential information in the presence of counsel and witnesses.
- The District Supervisor informs all persons present of the purpose of the appeal and of the confidentiality of all matters that will be discussed.
- During the appeal process, the applicant or client or, if appropriate, the individual’s parent, guardian or other representative, or agency may present additional evidence, information and witnesses and may be represented by counsel or other appropriate advocate and may examine all witnesses and other relevant sources of information and evidence.
- Following the appeal, the District Supervisor notifies the applicant or client in writing by certified mail, of the decision and sends a copy of the decision to the RSB Deputy Director or designee.
- If the applicant or client disagrees with the decision of the District Supervisor, the individual may request, in writing, a review by the Deputy Director of RSB. Such requests must be made within twenty (20) days of the mailing of the District Supervisor’s decision. The Deputy Director shall notify the applicant or client of the date, time and location of the review, along with his/her right to submit additional evidence and information.
- The review by the Deputy Director, or his or her designee, must be held within thirty (30) calendar days of RSB’s receipt of the applicant’s or client’s request for review. The applicant or client will be notified of the results of this review by certified mail.
- Necessary travel and subsistence costs incurred by the applicant or client to attend a review may be paid from ILR case service funds.
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