(A) General Provisions of Eligibility
1. RSB shall determine an applicant’s eligibility for services without regard to the applicant’s sex, race, color or national origin;
2. RSB shall not exclude any group of individuals from services solely on the basis of the type of disability of the members of the group;
3. RSB shall not apply an upper or lower age limit which would result in a decision of ineligibility for any applicant who meets the basic conditions of eligibility stated in subsection (3)(B); and each eligibility determination must be documented on the Eligibility Determination Narrative.
4. RSB shall not apply any durational or other residence requirement that would exclude from services any applicant or eligible individual who is present in the state.
Note: Citizenship status may affect a consumer’s eligibility for service. For definition of eligibility as pertains to citizenship, see memorandum dtd. 9-01-05 Subject: Immigration Status
Note: Standard for residency shall be "Present in the state."(Per Executive Staff meeting 7-19-04) 361.42(c)(1), Sec.101(a)(12)
(B) Basic Conditions of Eligibility An individual’s eligibility for vocational rehabilitation for the blind services is based only upon the following criteria: 361.42(a)
1. A determination by qualified personnel that the applicant has a physical or mental impairment and the individual meets the visual disability requirements of RSB
A. Visual disability means that an individual with a nonprogressive disease or defect of the visual system that results in a central visual acuity of twenty/two hundred (20/200) or less in the better eye with best correction; or, if the central visual acuity with best correction is more than twenty/two hundred (20/200) in the better eye, there is a visual field defect in which the widest diameter of the visual field subtends an angle distance no greater than twenty degrees (20Ć); or has a visual efficiency (see visual efficiency resources below) that does not exceed twenty percent (20%); 361.5(b)(28), Sec.6(20) 361.5(b)(27)
B. Visual disability means than an individual with a progressive disease or defect of the visual system that results in a central visual acuity of twenty/seventy (20/70) or worse in the better eye with best correction, or has a visual efficiency (see visual efficiency resources below) that does not exceed sixty four percent (64%), or has near vision that is decreased to the extent that the individual cannot read print that is smaller than Jaeger nine (J9) with best correction.
Visual Efficiency Resources :
2. A determination by qualified personnel that the applicant’s physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant. 361.5(b)(52)
3. A determination by a qualified vocational rehabilitation counselor employed by the designated State unit that the applicant requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with the applicant’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
Note: Policy guidance for the use of Homemaker as an employment closure is located in the memorandum dtd 09-19-05, VR Policy Guidance for Homemakers
Note: Policy regarding RSB employees receiving VR services is located in the memorandum dtd 09-08-05 Subject: VR Services for RSB Staff
Note: Rehabilitation Counselors will review and sign off on eligibility determinations, selection of employment goals and the IPE on VR cases managed by Children’s Specialists. (Per Memorandum dtd. 01-14-00, Subject: Rehabilitation Teachers Doing IPEs for VR Cases)
4. A presumption, in accordance with 361.42(a)(2) of the final regulations for the Rehabilitation Act as Amended in 1998, that the applicant can benefit in terms of an employment outcome from the provision of vocational rehabilitation services. 361.42(a)(2)
(C) Consultation with Missouri Division of Vocational Rehabilitation The Missouri Division of Vocational Rehabilitation provides vocational rehabilitation services to individuals who do not meet visual disability requirements stated in this rule but who are visually impaired and who meet all eligibility requirements of the Missouri Division of Vocational Rehabilitation. RSB and the Missouri Division of Vocational Rehabilitation consult regarding individuals for whom there is a question as to which agency should provide vocational rehabilitation services to the individuals.
(D) Timeliness Standards
1. The following list details the RSB timeliness standards for case movement.
A. Status 00: not to exceed 45 calendar days from the date of referral. 361.41(a)
B. Status 02: shall not exceed 60 calendar days from the date of a signed application for services from RSB‑ This 60‑day period can be extended only with the written approval of the applicant. DRAFT EXTENSION LETTER 361.41(b) Sec.102(a)(6)
C. Status 06: VR cases only ‑ cannot remain in this status for more than 18 months.
D. Status 10: should not remain in this status for more than 120 calendar days.
E. Status 20: Should not exceed 90 calendar days
F. Status 22: Should not exceed 90 calendar days
G. Status 24: Not to exceed 90 calendar days
(Per Memorandum dtd 11-16-95 Subject: Timeliness Standards)
2. For the purpose of determining timely case movement from applicant status to eligibility, RSB will consider the date the application is received in the district office as the start date of eligibility. (Per Executive Staff meeting 7-19-04)
3. Copies of the RSB Application for Services will be provided to each of the One-Stops along with instructions that, if a consumer is interested in RSB services, the application should be completed by the consumer and forwarded by FAX (hard copy to follow in the mail) on the same day to RSB. Timeliness of these applications in moving to eligibility will be measured, as are all other cases, beginning on the date the application is received by the RSB district office. (Per Executive Staff meeting 7-19-04)
(E) Presumptive Eligibility
1. Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act (SSI/SSDI) as a result of visual impairment is presumed to be eligible for vocational rehabilitation services and is considered to be an individual with a significant disability (in satisfaction of the eligibility criteria in (3)(B)1 above). A narrative entry must be made in every case record detailing that presumptive eligibility has been considered and whether or not presumptive eligibility applies. 361.42(a)(3)(i)(A-B)
2. Any eligible individual, including an individual whose eligibility for vocational rehabilitation services is based on the individual being eligible for Social Security benefits, must intend to achieve an employment outcome that is consistent with the applicant’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. RSB’s application for vocational rehabilitation services specifies that individuals who receive services under the program must intend to achieve an employment outcome, therefore the applicant’s completion of the application for vocational rehabilitation services is sufficient evidence of the individual’s intent to achieve an employment outcome. 361.42(a)(4)(ii)
3. An individual whose eligibility for vocational rehabilitation services is being considered based on their receipt of Social Security benefits under Title II or Title XVI of the Social Security Act will be considered to be capable of benefiting in terms of an employment outcome unless RSB can demonstrate by clear and convincing evidence that the individual cannot benefit due to the severity of their disability. Sec.102(a)(3)(A)(ii)
4. If an applicant for vocational rehabilitation services asserts that he or she is eligible for Social Security benefits under Title II or Title XVI of the Social Security Act, they must verify their eligibility by providing appropriate evidence such as an award letter. 361.42(a)(3)(ii) If this document is not available, the RSB staff member should take the following action(s) (in order):
A. Have the applicant contact the SSA and request a copy of their award letter.
B. Send a signed release of information to SSA to request information regarding the applicant’s eligibility for SSI/SSDI and the nature of the disability for which they were determined eligible.
C. Request a review of blindness-related Social Security recipients at RSB State Office by contacting the Management Analyst responsible for the Social Security Reimbursement program.
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