N.M. Admin. Code § 6.100.2.22

Current through Register Vol. 35, No. 24, December 23, 2024

Section 6.100.2.22 - PRESUMPTION OF BENEFIT

A. There is a presumption that an individual can benefit in terms of an employment outcome from vocational rehabilitation services. Thus, all individuals applying for vocational rehabilitation services are presumed to be able to benefit in terms of an employment outcome from vocational rehabilitation services unless DVR can rebut this presumption.

B. To rebut this presumption, DVR must demonstrate by clear and convincing evidence that an individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.

C. If there is an issue concerning the severity of an individual's disability, DVR must conduct an extended evaluation prior to determining that the individual is incapable of benefiting from services.

N.M. Admin. Code § 6.100.2.22

12-31-98; Recompiled 10/31/01