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Introduction
While it is important to work with your counselor, there may be times when you and your counselor do not agree on a course of action. You can usually work this out by talking to your counselor and also ask to meet with the area manager.
If you cannot agree on an issue that you believe is important to your success, your counselor or the area manager will discuss the options available to address your concerns.
Your options for review of decisions made regarding your services include:
- Due process hearing
- Mediation
Deadlines
To request a review of a determination that affects the provision of services with which you do not agree, you must make your request within 180 days of the date the determination was made.
TWC must hold a hearing within 60 days of your request for a review of the decision, unless any of the following occurs:
- You and TWC agree to another specific date for the hearing.
- A mediation agreement is achieved before the hearing deadline.
- You and TWC reach a resolution satisfactory to you prior to the hearing deadline through informal discussions.
Due Process Hearing & Mediation
We hope you have tried to work out your disagreement with your counselor. However, if you are not satisfied with the results, you have the right to request a due process hearing. At this hearing, your concerns are heard and a decision is made by an impartial hearing officer.
At any meeting, you may bring someone to help you with your concerns. If you plan to have someone represent you in your hearing, you must submit a Designation of Applicant or Consumer Representative form with the hearings coordinator. You can get that form from the hearings coordinator.
Even though you have requested a due process hearing, the appeal can still be resolved informally at any time.
These are the steps for a due process hearing:
- Complete a Request for Due Process Hearing and/or Mediation form or make a written request for a hearing and send it to the hearings coordinator at the address listed on the form. You can get also get this form from your counselor or call 800-628-5115 to have a form sent to you.
- When we receive your request for a due process, an impartial hearing officer will be appointed to hear your case.
- You may request mediation by an impartial and qualified mediator to try to resolve the dispute. The mediation process must be voluntary and agreeable to both parties. If an agreement is not reached, the due process hearing will be held. The prehearing is still held, even if mediation is in progress.
- The hearings coordinator will contact you to schedule the pre-hearing conference or mediation. The pre-hearing conference will review the issues and inform you of rules and procedures that will be followed in your hearing. A settlement may be reached during the pre-hearing conference. However, if a settlement is not reached, the due process hearing will be scheduled. Mediation may still be requested at this time.
- During the due process hearing, you will have an opportunity to present your case. At the end of the hearing, the impartial hearing officer will tell you when you can expect a decision.
Appeal Outcomes
You will receive a written copy of the impartial hearing officer’s decision within 30 days of the hearing completion date. The decision must be consistent with federal and state regulations.
If you do not agree with the impartial hearing officer’s decision, you have 20 days to file a motion for reconsideration. If the hearing officer denies your request, you will have 30 days to appeal the decision to any court of competent jurisdiction.
Client Assistance Program
The Client Assistance Program (CAP) has been established by the Rehabilitation Act to provide assistance to people applying for and receiving vocational rehabilitation services or independent living services.
CAP is available to assist:
- Applicants for and persons receiving services authorized by the Rehabilitation Act.
- People who are dissatisfied with services or decisions made about their services.
- People who want information about rights and services for people with disabilities.
CAP is also available to:
- Explain rights and services.
- Provide information and referral.
- Assist in resolving grievances using alternative dispute resolution, using informal and formal appeals, and/or pursuing legal assistance.
- Support people with disabilities in their efforts to be empowered, knowledgeable, participating, and contributing members of their communities.
To request CAP assistance, call 800-252-9108. For more information about CAP, please refer to the following links:
Contact Us - Disability Rights Texas (disabilityrightstx.org)
Client Assistance Program (CAP) In Texas - Disability Rights Texas (disabilityrightstx.org)
Disability Rights Texas
In Texas, CAP is administered by Disability Rights Texas, a private, nonprofit organization that is not part of a state agency. Discussions with consumers are kept confidential.
Central Texas
2222 W Braker Ln
Austin, TX 78758
Call: 512-454-4816
Fax: 512-302-4936
Videophone: 866-362-2851
East Texas
1500 McGowen, Suite 100
Houston, TX 77004
Call: 713-974-7691
Fax: 713-974-7695
Videophone: 866-362-2851
El Paso
300 E Main, Suite 205
El Paso, TX 79901
Call: 915-542-0585
Fax: 915-542-2676
Videophone: 866-362-2851
North Texas
1420 W Mockingbird Ln, Suite 450
Dallas, TX 75247-4932
Call: 214-630-0916
Fax: 214-630-3472
Videophone: 866-362-2851
South Texas
6800 Park Ten Blvd., Suite 208-N
San Antonio, TX 78213
Call: 210-737-0499
Fax: 210-737-2403
Videophone: 866-362-2851
West Texas
4747 South Loop 289, Suite 120
Lubbock, Texas 79424
Call: 806-765-7794
Fax: 806-765-0496
Videophone: 866-362-2851
Contact Information
- Call: 800-628-5115
Forms
Publications
- Vocational Rehabilitation Appeal Procedures - Can We Talk?
