32 Miss. Code. R. 21-5-5.4.2

Current through January 14, 2025
Section 32-21-5-5.4.2 - Determining Whether an Individual Will Require Specific Vocational Rehabilitation Services to Prepare For, Secure, Retain, or Regain Employment

Section 102(a)(4)(A) of the 1998 Rehabilitation Act Amendments states that an individual shall be presumed to be an individual with a disability who will benefit, in terms of an employment outcome, from vocational rehabilitation services, unless the Agency can establish, by clear and convincing evidence documented in the case file, that such individual will not benefit, in terms of an employment outcome, from specific vocational rehabilitation services.

This means that an applicant who can be shown to be an individual with a disability will be presumed to be able to benefit from specific vocational rehabilitation services (and is, therefore, eligible) unless the applicant can be shown, to a high degree of certainty, to be unable, due to the severity of the disability, to prepare for, secure, retain, or regain employment.

In order to collect sufficient data to either, 1) determine eligibility and define the scope of necessary rehabilitation services, or 2) determine ineligibility, an applicant must undergo an "assessment for determining eligibility and vocational rehabilitation needs" (Section 7(2) of the 1998 Rehabilitation Act Amendments).

32 Miss. Code. R. 21-5-5.4.2