There may be times when you and your counselor don't agree. You can usually work this out by talking to your counselor and asking to speak to their manager.
If you can't agree, your counselor or their manager will go over options to talk about your concerns. You have 180 days to ask for an additional review of the decision. This can include something called a Due process hearing or mediation.
If you and your counselor can't agree, you can ask for a review. You must ask for this review within 180 days after the disagreement.
TWC will have a hearing within 60 days of your review request, with the following exceptions:
- You and TWC agree to another specific date for the hearing
- An agreement is reached through mediation before the deadline
- You and TWC are able to talk and resolve the concern(s) before the hearing deadline
We hope you have tried to work out your disagreement with your counselor or their manager. However, if you were not able to come to an agreement and would like the decision reviewed, you can ask for a due process hearing. At this hearing, your concerns are heard, and a decision is made by a hearing officer that is uninvolved in the case.
During this process, you may bring someone to help you with your concerns. If you want to have someone come with you to the hearing, you must turn in a Designation of Applicant or Consumer Representative form. This is filled out and given to the hearings coordinator.
You can get that form from the hearings coordinator.
Even if you have asked for a due process hearing, this issue can still be solved through talks with your VR counselor or manager at any time.
These are the steps for a due process hearing:
- Complete a Request for Due Process Hearing and/or Mediation form or write to the hearings coordinator. You can get also get this form from your counselor or call 800-628-5115 to have a form sent to you.
- When we get your request for a due process, a hearing officer uninvolved in the situation will be appointed to hear your case.
- You may ask for mediation by an uninvolved and trained mediator to help resolve the concern. This process must be chosen and agreed to by everyone involved. If an agreement can't be made in mediation, a due process hearing will be held. There is a prehearing that will still happen, 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 tell you of rules and process for your hearing. An agreement or settlement may be agreed to during the pre-hearing conference. However, if an agreement or 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 talk about your case. At the end of the hearing, the hearing officer will tell you when you will get a decision.
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.
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:
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.
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