Vocational Rehabilitation Services Manual B-600: Closure

§361.43 Procedures for ineligibility determination.

If the State unit determines that an applicant is ineligible for vocational rehabilitation services or determines that an individual receiving services under an individualized plan for employment is no longer eligible for services, the State unit must—

(a) Make the determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative;

(b) 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, including the reasons for that determination, the requirements under this section, and the means by which the individual may express and seek remedy for any dissatisfaction, including the procedures for review of State unit personnel determinations in accordance with §361.57;

(c) Provide the individual with a description of services available from a client assistance program established under 34 CFR part 370 and information on how to contact that program;

(d) Refer the individual—

(1) To other programs that are part of the one-stop service delivery system under the Workforce Innovation and Opportunity Act that can address the individual's training or employment-related needs; or

(2) To Federal, State, or local programs or service providers, including, as appropriate, independent living programs and extended employment providers, best suited to meet their rehabilitation needs, if the ineligibility determination is based on a finding that the individual has chosen not to pursue, or is incapable of achieving, an employment outcome as defined in §361.5(c)(15).

(e) Review within 12 months and annually thereafter if requested by the individual or, if appropriate, by the individual's representative any ineligibility determination that is based on a finding that the individual is incapable of achieving an employment outcome. This review need not be conducted in situations in which the individual has refused it, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.

34 CFR §361.44 Closure without eligibility determination.

The designated State unit may not close an applicant's record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and the State unit has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative to encourage the applicant's participation.

34 CFR §361.47 Record of services.

(3) Documentation that describes the justification for closing an applicant's or eligible individual's record of services if that closure is based on reasons other than ineligibility, including, as appropriate, documentation indicating that the State unit has satisfied the requirements in §361.44.

34 CFR §361.56 Requirements for closing the record of services of an individual who has achieved an employment outcome.

The record of services of an individual who has achieved an employment outcome may be closed only if all of the following requirements are met:

(a) Employment outcome achieved. The individual has achieved the employment outcome that is described in the individual's individualized plan for employment in accordance with §361.46(a)(1) and is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(b) Employment outcome maintained. The individual has maintained the employment outcome for an appropriate period of time, but not less than 90 days, necessary to ensure the stability of the employment outcome, and the individual no longer needs vocational rehabilitation services.

 (c) Satisfactory outcome. At the end of the appropriate period under paragraph (b) of this section, the individual and the qualified rehabilitation counselor employed by the designated State unit consider the employment outcome to be satisfactory and agree that the individual is performing well in the employment.

 (d) Post-employment services. The individual is informed through appropriate modes of communication of the availability of post-employment services.

To close a Vocational Rehabilitation (VR) case successfully, the VR counselor must ensure that the following requirements are met.

The customer must:

• have received substantial VR services, as stated on the individualized plan for employment (IPE) or IPE amendment, that have had an impact on the customer's employment outcome;
• have achieved the employment outcome that is:
  • described in the current IPE or IPE amendment (the first two digits of the SOC must match);
  • consistent with the customer's unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice; and
  • meet one of the employment outcome types discussed in the Types of Employment section below;
• have maintained the employment outcome for at least 90 days after substantial services have been completed;
• be employed at closure;
• be informed about the availability of Post-Employment Services. Refer to B-506: Post-Employment Services;
• be notified before their case is closed (refer to B-605: Customer Notification); and
• be offered or provided a copy of the brochure "Can We Talk?"

The VR counselor and customer must:

• consider the employment outcome to be satisfactory; and
• inform and discuss Post-Employment Services with the customer. Refer to B-506: Post-Employment Services; and
• agree that the customer is performing well on the job.

The VR counselor must:

• in every case, update in ReHabWorks (RHW) the type of employment outcome when:
  • the customer becomes employed; and
  • the Successful Closure page is completed.

For more information on successful closure procedures, refer to B-603-9: Procedures for Closing Cases as Successful. For an optional checklist on successful closure requirements before closing the case, refer to the Successful Closure Checklist.

Types of Employment

The following table shows employment outcome types and RSA-911 definitions.

Note: The employment outcome may vary based on status of case in RHW. Refer to the ReHabWorks Users Guide, Chapter 21: Closure for additional instructions for closing cases in RHW.

B-603-1: Verifying Start Date for Closure

Supporting documentation that verifies the customer's start date of employment must be in the customer’s case file before the case closure and must include the method used to verify the customer’s start date. This includes employment that was obtained before receiving VR services if VR assisted with maintaining this employment. This documentation may be obtained at any time during the life of the case. VR staff must first attempt to obtain one of the following primary source documents to verify the start date:

• A pay stub that identifies the customer's start date;
• Automated database systems (for example, The Work Number) indicating the customer's start date;
• Self-employment worksheets indicating the customer's start date;
• A dated email, fax, or letter completed by the customer's employer indicating the customer's start date (For an optional template, refer to the TWC Employment and Wage Verification Letter- Template); or
• Employment Service Provider (ESP) written documentation or reports. The documentation must include the start date of employment and must be signed by both the customer and provider.

After three attempts to obtain the primary source documents listed above, VR staff may pursue alternate methods to verify the customer’s start date. For more information, refer to B-603-4: Alternative Methods to Obtaining Primary Source Documentation.

B-603-2: Verifying Wages for Closure

Under 34 CFR § 361.47(a)(9), VR agencies must maintain documentation verifying that an individual who obtains employment is compensated at or above minimum wage and that the individual's wage and level of benefits are not less than that customarily paid by the employer for the same or similar work performed by individuals without disabilities.

Supporting documentation that verifies the customer's wages must be in the customer's case file and reflect the accurate wages at the time of the case closure. This documentation may be obtained any time throughout the life of the case but must be obtained before the case closure. VR staff must first attempt to obtain one of the following primary source documents to verify wages:

• Unemployment Insurance (UI) wage match for out of state employers, federal employment records, or military employment records that verify the hourly wage rate (not aggregated for the quarter);
• A pay stub indicating the individual's hourly wage rate or annual salary;
• Income earned from commission in sales or other similar positions as evidenced by a pay stub or documentation from the employer;
• Automated database systems (for example, The Work Number);
• One-stop operating systems' administrative records, such as current records of eligibility for programs with income-based eligibility (for example, Temporary Assistance for Needy Families (TANF) or Supplemental Nutrition Assistance Program (SNAP));
• Self-employment worksheets;
• A dated email, fax, or letter completed by the customer's employer verifying the customer's wages. (For an optional template, refer to the TWC Employment and Wage Verification Letter - Template); or
• Employment Service Provider (ESP) written documentation or reports. The documentation must include the accurate wages at the time of the closure and must be signed by both the customer and provider.

After three attempts to obtain one of the primary source documents listed above, VR staff may pursue alternate methods to verify the customer's wages. For more information, refer to B-603-4: Alternative Methods to Obtaining Primary Source Documentation.

Note: The RHW Employment Information page requires unit management verification when a VR staff member enters wages greater than $40 per hour. This note displays on the Employment Information page in RHW and sends an action to the VR manager to complete this verification. The VR manager reviews the documentation, and, if accurate, marks the checkbox in RHW labeled “VRM Reviewed”.

B-603-3: Verifying Employment for Closure

The customer must be employed at the time of the case closure. Supporting documentation that verifies the customer’s employment must be in the customer’s case file before the case closure in RHW and must include the method used to verify the customer's employment. Documentation must be as current as possible, but no older than 14 calendar days. The documentation must reflect 90 days of employment after all substantial services have been completed.

Example: If requesting the Work Number, the “current as of” date must be within 14 days of the date of closure and the “current as of date” must reflect 90 days of employment after the hire date or substantial services completed date (90-day clock), whichever is later.

For additional examples, refer to the VRSM FAQ document.

VR staff must first attempt to obtain one of the following primary source documents to verify employment:

• Unemployment Insurance (UI) wage match for out of state employers, federal employment records, or military employment records that verify the hourly wage rate (not aggregated for the quarter);
• A pay stub indicating the individual's hourly wage rate or annual salary;
• Income earned from commission in sales or other similar positions as evidenced by a pay stub or documentation from employer;
• Automated database systems (for example, The Work Number);
• One-stop operating systems' administrative records, such as current records of eligibility for programs with income-based eligibility (for example, TANF or SNAP);
• Self-employment worksheets;
• A dated email, fax, or letter completed by the customer's employer verifying that the customer is employed (For an optional template, refer to the TWC Employment and Wage Verification Letter- Template); or
• Employment Service Provider (ESP) written documentation or reports. The documentation must include documentation of 90 days of employment after the completion of substantial services and must be signed by both the customer and provider.

After three attempts to obtain one of the primary source documents listed above, VR staff may pursue alternate methods to verify the customer's employment. For more information, refer to B-603-4: Alternative Methods to Obtaining Primary Source Documentation.

B-603-4: Alternative Methods to Obtaining Primary Source Documentation

After three attempts to obtain one of the primary source documents for verifying wages, employment, and start date, VR staff may pursue alternate methods. The three attempts may include any combination of the listed primary source documents. Each attempt must be entered in a RHW case note that includes the type of document requested and the reason it could not be obtained. If an alternate method is used, VR staff must enter a detailed case note in RHW to include the method of verification used and the date that the verification was received, as well as justification for the customer not providing formal documentation. The following alternative methods may be used:

• Contacting the customer's place of employment to verbally verify the customer's information by speaking to the HR representative, manager, or supervisor, or, if the customer's superior or HR representative is not available, by speaking directly to the customer at the place of employment
• Contacting the customer
• Contacting the customer's guardian, if applicable

If direct contact was made with the customer's place of employment, VR staff must document the name of the individual who verified the customer's information (for example, the manager’s name or the customer's name, if the VR staff member spoke to the customer directly).

When contacting the place of employment to verify the customer's wages, employment, or start date, VR staff must not disclose any details regarding the customer's disability or the nature of their VR services unless the customer has signed a specific consent form for this information to be disclosed. Use VR1517-2, Authorization for Release of Confidential Customer Records and Information to document consent for disclosure, when appropriate.

B-603-5: More Than One Employment in the 90-Day Period

A customer may have more than one job, concurrently, during the 90-day period and still meet the requirements for successful closure if each job is consistent with:

• the employment goal stated in the IPE; and
• the customer's unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice.

Concurrent Jobs

A customer may have more than one job at the same time during the minimum 90-day period. To document concurrent jobs in RHW, the VR counselor does the following:

1. Records each job on a separate Employment Information page.
2. When all jobs appear on the Employment List page, selects one job to be used for closure, typically the job with more hours or greater pay. For this job, VR staff selects "yes" for the Start 90-Day Clock field.
3. For other jobs, selects "no" for Start 90-Day Clock field.
4. Enters the hire date or the substantial services completed date, whichever is later, in the Substantial Services Completed Date (90-day clock) field for the job that is selected as "yes" for the Start 90-Day Clock.
5. Documents in a case note that the customer is working at concurrent jobs and why working two (or more) jobs is preferred to working one and how that will support a successful closure.
6. Enters, on the Monthly Financial Information page, the total net wages for the concurrent jobs.

B-603-6: VR Services During 90-Day Employment Stability Period

The 90-day employment stability period is a critical stage in the VR process. During this time, the VR counselor monitors the customer's stability on the job and ensures that he or she no longer needs VR services. The VR counselor can provide counseling and guidance services as needed for the entire 90-day stability period and this does not affect the anticipated closure date. However, if substantial VR services are necessary after the 90-day stability period has begun, the 90-day stability must start over.

B-603-7: Additional Requirements for Self-employment Closures

If the customer is self-employed, the case record should also clearly document the length of business operation and the income level.

For more information about self-employment closures, see C-1103-6: Closing a Self-Employment Case as Rehabilitated.

B-603-8: Additional Requirements for Supported Employment Closures

If the customer received supported employment services, the case record should clearly document that the customer's employment was maintained for a minimum of 90 days following completion of the Job Stability benchmark. For more information about Supported Employment closures, see VRSM C-1200: Supported Employment.

B-603-9: Procedures for Closing Cases as Successful

Before closing a case as successfully rehabilitated, the VR counselor completes the following actions:

1. Confirms that the criteria for closure and the conditions for successful employment have been met.
2. Reviews the case:
   1. for technical compliance and data integrity, and makes needed corrections; and
   2. to determine:
      1. that the SOC code is appropriate; or
      2. whether an amendment to the IPE is needed.
3. Reviews any open service authorizations, in-house service records, and associated financial actions needed. (Case will not close if in-house service records are open. Only the in-house specialist is authorized to close their service records.)
4. Ensures that verification of the start date of employment is documented in RHW and includes the method used in a case note. If using the primary source documentation, this must also be placed in the case file. (Refer to B-603-1: Verifying Start Date for Closure.)
5. Ensures that verification of wages is documented in RHW. If using the primary source documentation, this must also be placed or in the case file. (Refer to B-603-2: Verifying Wages for Closure.) If using the alternate method, a case note is also required. (Refer to B-603-4: Alternative Methods to Obtaining Primary Source Documentation.)
6. Ensures that verification of employment is documented in a case note to include the method used. If using the primary source documentation, this must also be placed or in the case file. (Refer to B-603-3: Verifying Employment for Closure.)
7. Confirms that:
   1. substantial services were delivered; and
   2. 90 days have passed since the end of substantial services.
8. Ensures that agreements for extended services are still in place, when necessary.
9. Contacts the customer to discuss closure and availability of Post-Employment Services. (Refer to B-605: Customer Notification.)
10. If Post-Employment Services are needed, follows the procedures outlined in B-506: Post-Employment Services.
11. If Post-Employment Services are not needed, closes the case in RHW and notifies the customer according to the requirements in B-605: Customer Notification.

Before closing the case, the VR counselor must inform the customer that his or her VR case is being closed. Notification may be provided in person, by phone, or in writing. The notification must include the reason that the case is being closed and the availability of Post-Employment Services, if applicable, and must be documented in a case note in RHW.

If the customer has completed an application for VR services and the VR counselor is unable to contact the customer directly for any reason, then written notification must be sent by letter or encrypted email at least 10 business days before closing the case, to allow time for the customer to contact the VR counselor if there are any concerns about closing the case. The VR counselor copies and pastes the email or letter notification that was sent in a case note with the topic "Attempt to Contact." For additional details, refer to VRSM E-300: Case Note Requirements.

If there is no response from the customer, then the case may be closed successfully or unsuccessfully.

After the closure has been processed in RHW, a closure letter is available in RHW. VR staff must email or mail the letter to the customer at the time of closure as well as offer or provide a copy of the brochure titled "Can We Talk?," which outlines the VR appeals procedure if the customer disagrees with the closure. The VR counselor must document in RHW the date and method used to provide the notification.

For information about closing a case before an application is completed refer to B-203-3: Closing an Initial Contact in RHW.