Vocational Rehabilitation Services Manual B-600: Closure and Post-Employment Services

§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 VR case successfully, the VR counselor must ensure that the following requirements are met.

The customer must:

• receive substantial VR services, as stated on the IPE or IPE amendment that have had an impact on the customer's employment outcome;
• achieve the employment outcome that is:
  • described in the current IPE or IPE amendment (the first two digits of the SOC must match); and
  • consistent with the customer's unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice;
• maintain the employment outcome for at least 90 days after substantial services have been completed; and
• be employed at closure.

The VR counselor and customer must:

• consider the employment outcome to be satisfactory;
• agree that the customer is performing well on the job;
• in every case, update in ReHabWorks (RHW) the type of employment outcome when:
  • the customer becomes employed; and
  • the successful closure page is completed.
• in every case, obtain documentation of the customer's start date of employment. This includes employment that was obtained before receiving VR services if VR assisted with maintaining this employment.  There are several options that may be used to verify the customer's start date of employment:
  • 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; or
  • Email, fax, or letter verification received from the customer's employer indicating the customer's start date.

After three attempts to obtain one of the primary source documents listed above, the VR counselor may pursue alternate methods to verify the customer's start date of employment. If an alternate method is used, the VR counselor must enter a detailed case note in RHW that includes the date on which the verification was received as well as justification for the customer not providing formal documentation. The following may be used for verifying the customer's start date of employment:

• Contacting the customer's place of employment to verbally verify the customer's start date of employment by speaking to the human resources (HR) representative, manager, or supervisor. If the customer's superior or HR representative is not available, verify the start date by speaking directly to the customer at the place of employment;
• Contacting the customer;
• Contacting the customer's guardian or representative, if applicable; or
• Receiving Employment Service Provider (ESP) written documentation or reports.

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

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.

The customer must be:

• notified before their case is closed;
• informed about the availability of post-employment services; and
• provided a copy of "Can We Talk?"

For more information about customer notification, refer to B-605: Customer Notification.

B-603-1: 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. The following supporting documents may be used to verify wages:

• Unemployment Insurance (UI) wage match, 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, Temporary Assistance for Needy Families (TANF) or Supplemental Nutrition Assistance Program (SNAP));
• Self-employment worksheets; or
• Dated email, fax, or letter received from the customer's employer verifying the customer's wages.

After three attempts to obtain one of the primary source documents listed above, the VR counselor may pursue alternate methods to verify the customer's wages. If an alternate method is used, the VR counselor must enter a detailed case note in RHW, including the date that the verification was received as well as justification for the customer not providing formal documentation. The following can be used for verifying wages:

• Contacting the customer's place of employment to verbally verify the customer's wages by speaking to the HR representative, manager, or supervisor. If the customer's superior or HR representative is not available, verify the wages by speaking directly to the customer at the place of employment;
• Contacting the customer;
• Contacting the customer's guardian, if applicable; or
• Receiving Employment Service Provider (ESP) written documentation or reports.

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

B-603-2: Verifying Employment for Closure

Verification of employment and case closure in RHW must be completed on the same day. The following are options that may be used to verify the customer's employment:

• Unemployment Insurance (UI) wage match, 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; or
• Dated email, fax, or letter received from customer's employer verifying that the customer is employed (must be dated the same day as the closure).

After three attempts to obtain employment verification with the methods listed above, the VR counselor may enter a detailed case note in RHW including the date verification was received as well as justification for customer not providing formal documentation. The following may be used to verify employment:

• Contacting the customer's place of employment to verbally verify the customer is currently employed by speaking to the HR representative, manager, or superior. If the customer's superior or HR representative is not available, verify the customer is currently employed by speaking directly to the customer at the place of employment;
• Contacting the customer;
• Contacting the customer's guardian or representative, if applicable; or
• Receiving Employment Service Provider (ESP) written documentation or reports.

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

Required Documentation

The closure documentation must include the:

• method used to verify the customer's employment; and
• name of the VR staff member who verified employment.

If direct contact was made with the customer's place of employment, document the name of the individual who verified the customer's employment (for example, the name of the manager or the customer's name if the VR counselor spoke to him or her directly).

The RHW employment information screen will require unit management verification when VR staff enter wages greater than $40 per hour on the employment screen.

B-603-3: More Than One Employment in the 90-Day Period

A customer may have more than one job, consecutively or 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.

Consecutive Jobs

Employment is considered "consecutive" and does not require a new 90-day employment period if the:

• criteria for successful closure are met; and
• the customer:
  • changes jobs with no gap in employment;
  • is promoted by the same employer with no gap in employment; or
  • changes jobs with a gap in employment of fewer than eight weeks.

If a customer loses a job before the end of the 90-day period, the customer's progression toward the 90-day period freezes. If the gap in employment is less than eight weeks, progression toward completion of the 90-day period resumes when the customer starts another job. Note: If the customer is working with an employment services provider for job placement, the provider is able to bill for Benchmark C in accordance with VR-SFP 17.4.4 Bundled Job Placement—Benchmark C. If the gap between placements is eight weeks or more, the 90-day period for VR successful closure will start over. To document consecutive jobs in RHW the VR counselor does the following:

1. Records each job on a new Employment Information page. All jobs will appear on the Employment List page.
2. For the current job, the VR staff selects "yes" for "Start 90-Day Clock" field.
3. VR staff enters the hire date for the first job in the "Start the Clock Date" and "Hire Date" fields.
4. Document in a case note:
   • that the hire date was predated;
   • why the hire date was predated; and
   • the correct hire date, weekly earnings, and weekly hours for each job.
5. On the Monthly Financial Information page, VR staff enters the net wages for the last job.
6. At closure, report the weekly earnings and weekly hours for the last job.

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, selects "yes" for the "Start 90-Day Clock."
3. For other jobs, selects "no" for "Start 90-Day Clock"
4. 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.
5. VR staff enters, on the Monthly Financial Information page, the total net wages for the concurrent jobs.

B-603-4: 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-603-5: 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-603-6: 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-603-7: Procedures Closing Successful Cases

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 SOC is appropriate; or
      2. whether an amendment to the IPE is needed;
3. Reviews any open service authorizations and associated financial actions needed;
4. Ensures that verification of wages is documented in a case note or in the case file (see B-603-1: Verifying Wages for Closure);
5. Ensures that verification of employment is documented in a case note or in the case file (see B-603-2: Verifying Employment for Closure);
6. Confirms that:
   1. substantial services were delivered; and
   2. 90 days have passed since the end of substantial services;
7. Ensures that agreements for extended services are still in place, where necessary; and
8. Contacts the customer to discuss closure and availability of post-employment services.
9. If post-employment services are needed, follow the procedures outlined in B-607-2: Post-Employment Procedures; or
10. If post-employment services are not needed, close the case in RHW and notify the customer according to the requirements in B-605: Customer Notification.

The VR counselor must inform the customer that his or her VR case is being closed before closing the case. 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. The notice must also include a copy of the RHW-generated closure letter 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.

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 prior to closing the case, to allow time for the customer to contact the VR counselor if there are any concerns about closing the case. Copy and paste the email or letter notification that was sent in a case note with the topic "Attempt To Contact." Refer to VRSM E-300: Case Note Requirements for additional details.

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 print and mail the letter to the customer at the time of closure.

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

As part of the VR process, all customers must be informed of:

• the purpose of post-employment services;
• his or her eligibility for such services; and
• his or her right to contact the VR counselor if any problem arises that jeopardizes his or her job.

Post-employment services are services to assist the customer in maintaining, regaining, or advancing in employment after a customer has been determined to be rehabilitated. The goal of post-employment services is to help the customer, in the career of his or her choice, reach a level of:

• self-sufficiency;
• job retention; and
• job stability.

A customer may be considered for post-employment services if the customer:

• is determined to be rehabilitated;
• needs help in maintaining employment;
• continues to have a disability;
• has an employment-related problem that does not entail a complex or comprehensive rehabilitation effort; and
• is requesting services within 12 months after the date of closure.

If complex or comprehensive VR services are needed, a new case must be opened. An option called “fast track” is available to complete the ReHabWorks application if the new case is opened within one year from when the previous case was closed, and the customer’s disability has not changed. Refer to VRSM B-204-1: Application Process for more information.

B-607-1: Post-Employment and Comparable Services and Benefits

The VR counselor makes full use of all available comparable services and benefits, both public and private, to reduce or eliminate the need for payment for post-employment services and documents their use accordingly.

B-607-2: Post-Employment IPE Amendment

When post-employment services are necessary, the VR counselor:

1. completes an IPE amendment;
2. provides a copy of the plan to the customer (and representative, if any); and
3. encloses a cover letter that includes the intent of the statements in VR5209, VR Successful Closure with Post-Employment Services form.

When post-employment services are not necessary, the VR counselor notifies the customer in writing.

B-607-3: Transfer of Post-Employment Cases

The transfer of post-employment cases should be handled in the same manner as a case in any other status.

For more information see D-304: Transfer of Cases and Caseloads.

B-607-4: Closing a Case from Post-Employment

The decision to end post-employment services should be:

• made in consultation with the customer; and
• based on the VR counselor's judgment.

When closing a case from post-employment services, the VR counselor ensures that the problem requiring post-employment services has been addressed.

The VR counselor confirms that the customer:

• can function without post-employment services;
• has favorable prospects for job security;
• is satisfied with the job;
• has accepted the employee benefits and opportunities for job development and advancement;
• has a job that is suited to his or her capabilities; and
• has a chance to advance through self-initiative within the area and labor market.

To close a case from Post-Employment Services, the VR counselor selects "Post-Employment" navigation menu in RHW and selects "Go to Post-Employment Complete" to complete the required information. The VR counselor sends a letter to the customer (VR5211, Closure from Post-Exit Services–VR, IL) confirming that the case is closed from Post-Employment Services.