Empower
Plain-language guides to your VR rights and process, based on the federal regulations that govern the program (34 CFR Part 361). This is general information, not legal advice - for anything specific to your case, talk to your VR counselor or a Client Assistance Program (CAP) representative.
Eligibility
To be eligible for Vocational Rehabilitation services, you generally need to show three things:
- You have a physical or mental impairment.
- That impairment is a substantial barrier to getting or keeping a job.
- You need VR services to prepare for, get, keep, or regain employment.
If you already receive SSI or SSDI based on disability, you're presumed eligible for VR services. Eligibility must be decided within a set number of days of applying, and you'll get a written explanation if you're found not eligible, along with information about your right to appeal.
IPE process
Once you're found eligible, you and your VR counselor jointly develop an Individualized Plan for Employment (IPE) - a written plan that describes:
- Your employment goal.
- The specific services you'll receive to reach it.
- Who provides and pays for each service, and the expected timeline.
You have the right to be an active participant in developing your own plan, including being told about the full range of options and, where it applies, using comparable benefits or resources you already have access to.
Appeal rights
If you disagree with a decision your VR agency makes - about eligibility, your plan, or the services you're offered - you have the right to:
- Ask for mediation to try to resolve the disagreement informally.
- Request an impartial due process hearing, where a hearing officer who wasn't involved in the original decision reviews it.
Deadlines and procedures vary, so check the notice you received or ask your counselor for the exact timeline that applies to your situation. A CAP representative can also help you understand and exercise these rights at no cost to you.