Washington Administrative Code

(1) If you receive Social Security disability insurance (SSDI) or supplemental security income (SSI) benefits under Title II or XVI of the Social Security Act and you intend to achieve an employment outcome, DVR presumes that you are an eligible individual upon verification of yo…

(1) DVR must verify your identity and work status before paying for VR services.(2) DVR verifies your identity and work status when you provide the documentation required by the United States Citizenship and Identification Services (USCIS) for USCIS form I-9, "Employment Eligibil…

(1) DVR will make an eligibility determination as soon as enough information is available, but no longer than sixty days after receiving your completed application materials.(2) If DVR does not have enough information to determine your eligibility within sixty days, you and a DVR…

If you do not agree to extend the eligibility determination period, DVR must close your case service record.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363, 397. WSR 18-12-035, § 388-891A-0515, filed 5/29/18, effective 6/30/18.]

In making an eligibility determination, DVR does not consider your:(1) Type of disability;(2) Age, sex, gender, gender identification, sexual orientation, race, color, creed, religion, national origin, veteran status, military status, or marital status;(3) Specific rehabilitation…

If a DVR counselor cannot presume that you are eligible for VR services or that VR services will enable you to benefit by achieving an employment outcome because of the severity of your disability, DVR requires a trial work experience to determine eligibility. To develop the tria…

A trial work experience is an assessment DVR requires when a DVR counselor cannot presume that you are eligible for VR services or that VR services will enable you to benefit by achieving an employment outcome because of the severity of your disability. Through that assessment, D…

(1) You and your DVR counselor develop a trial work plan outlining the specific questions to be answered by the trial work experience.(2) The plan developed by you and your DVR counselor will identify appropriate VR services and supports to accommodate your rehabilitation needs, …

If you cannot participate in a trial work experience, DVR has exhausted efforts to arrange a trial work experience, or you decline to participate in a trial work experience, DVR will close your case.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363, 397. WSR 18…

If you do not or you no longer meet the eligibility criteria in WAC 388-891A-0500, a DVR counselor may determine that you are not eligible or no longer eligible for services:(1) At any time after application; and(2) After giving you an opportunity to discuss the reasons for the c…

(1) Before determining that you are not eligible for VR services or that you are no longer eligible for VR services, a DVR counselor consults with you and gives you an opportunity to discuss the decision.(2) DVR sends you a notice in writing, or using another method of communicat…

If DVR determines that you are not eligible or no longer eligible for VR services, DVR provides you with information and refers you to other agencies or organizations that may provide services to meet your employment-related needs.[Statutory Authority: RCW 74.29.020(8) and 34 C.F…

Eligibility for VR services in general does not mean that you are entitled to receive any specific VR service. The specific VR services that you receive are determined on an individual basis.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363, 397. WSR 18-12-035,…

When it is not possible to serve all eligible persons because there are not enough funds or other resources, DVR must:(1) Continue services without disruption for eligible individuals who have developed and signed an individualized plan for employment;(2) Establish a statewide wa…

When DVR is operating under an order of selection, individuals are selected for services as follows:(1) At the time you are determined eligible for VR services, a DVR counselor assigns you to a priority category based on the severity of your disability.(2) The priority categories…

DVR must not use any of the following criteria when assigning you to a priority of service category:(1) Any duration of residency requirement, provided the individual is present in the state;(2) Type of disability;(3) Age, sex, gender, gender identification, sexual orientation, r…

If you are a student with a disability who DVR has assigned to a priority of service category with a waiting list for services, you may continue to receive pre-employment transition services while waiting for services as long as you began to receive pre-employment transition serv…

DVR determines you are in priority category one (an individual with a most significant disability) if you are determined eligible for vocational rehabilitation services and you meet the following criteria:(1) You require multiple VR services over an extended period of time; and(2…

DVR determines you are in priority category two if you are determined eligible for vocational rehabilitation services and you meet the following criteria:(1) You require multiple VR services over an extended period of time; and(2) You experience serious functional limitations in …

DVR determines you are in priority category three if you are determined eligible for vocational rehabilitation services and you meet the following criteria:(1) You require multiple VR services over an extended period of time; and(2) You experience serious functional limitations i…

DVR determines you are in priority category four if you are determined eligible for vocational rehabilitation services and you meet the following criteria:(1) You require multiple VR services over an extended period of time; and(2) You experience serious functional limitations in…

DVR determines you are in priority category five if you are determined eligible for vocational rehabilitation services, but you do not meet the criteria for priority categories one through four.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363, 397. WSR 18-12-0…

The following VR services are available to individuals from DVR:(1) Assessment services;(2) Benefits planning services;(3) Independent living evaluation and services;(4) Information and referral services;(5) Interpreter services;(6) Job-related services;(7) Maintenance services;(…

Assessment services include a review of existing data and the provision of assessment activities, including a trial work experience, that are necessary to determine:(1) Whether you are eligible for VR services;(2) Severity of disability and assignment of priority category in the …

(1) Some of the assessments that DVR may use include, but are not limited to:(a) Assistive technology evaluation;(b) Background checks, including criminal history background checks;(c) Community based assessment (CBA);(d) Driving evaluation;(e) Substance use disorder assessment;(…

If a DVR counselor receives information or records that reasonably lead the DVR counselor to believe you have a history of violent or predatory behavior:(1) A DVR counselor will discuss your history with you to better understand your situation.(2) You must participate in a risk a…

When the conditions described in WAC 388-891A-0707 apply, the DVR counselor closes your case service record if you do not cooperate by declining:(1) To participate in or consent to providing the results of a risk assessment; or(2) To report your status in a treatment program.[Sta…

Benefits planning services are provided to help you understand how earning income through employment will impact your Social Security disability insurance (SSDI), supplemental security income (SSI), or other government benefits. Benefits planning services also help you understand…

Independent living services and evaluation includes services provided to:(1) Identify issues that present problems for you in achieving an employment outcome and services you need to address the issues;(2) Help you manage the services you need to live independently, get informati…

Information and referral services include information and assistance to help you explore and gain access to employment services or benefits available to you from other programs, including other programs within the workforce development system.[Statutory Authority: RCW 74.29.020(8…

Interpreter services are services that help to ensure you are able to communicate effectively while receiving services from DVR. Interpreter services may include real-time captioning services, sign language or oral interpretation services for individuals who are deaf or hard of h…

Job search assistance activities support and assist you in searching for an appropriate job. Job search assistance may include help in resume preparation, identifying appropriate job opportunities, developing interview skills, and making contacts with companies on your behalf.[St…

Job placement assistance includes a DVR employee or contracted provider working directly with employers to identify and secure competitive integrated employment that is consistent with your unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and…

(1) Customized employment services are services to facilitate a placement in customized employment.(2) These services are carried out through flexible strategies, which include job exploration by the individual and working with an employer to facilitate placement, including:(a) C…

Job retention services are provided after your first day of work and while you remain employed. Job retention services may include any vocational rehabilitation service necessary to help you maintain employment.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363,…

(1) Maintenance services include monetary support for expenses such as food, shelter, or clothing that exceed your usual living expenses and are necessary for you to participate in another VR service. The following are examples of maintenance services, but they may not apply to e…

Occupational licenses are licenses, permits, or certificates showing that you meet certain standards, have accomplished certain achievements, or otherwise qualify to engage in a business, specific occupation or trade, or other work.[Statutory Authority: RCW 74.29.020(8) and 34 C.…

(1) Personal assistance services include a range of services provided by at least one person to help you perform daily living activities on or off the job that you would perform without assistance if you did not have a disability. Examples include, but are not limited to:(a) Read…

(1) Physical and mental restoration services are used to diagnose and treat physical and mental impairments when you need those services to prepare for, secure, maintain, advance in, or regain employment.(2) DVR provides physical and mental restoration services only when financia…

DVR does not pay for any of the following medical treatments other than as an exception to policy, as described in WAC 388-891A-0205:(1) Maintenance of your general health or fitness;(2) Cosmetic procedures, such as facelifts, liposuction, and cellulite removal;(3) Maternity care…

(1) Pre-employment transition services are activities that offer an early start at career exploration.(2) Pre-employment transition services are provided to you while you are in school and eligible for an individualized educational program (IEP) or otherwise are regarded as an in…

Job exploration counseling activities promote considerations of opportunities and informed decision-making regarding career options to help students with disabilities understand post-school choices and opportunities. Job exploration counseling may include, but is not limited to, …

(1) Work-based learning experiences are in-school or after-school opportunities, or experiences outside the traditional school setting, that use the workplace or real work to provide students with disabilities the knowledge and skills that connect school experiences to real-life …

(1) Counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education in a group setting to students with disabilities may include, but is not limited to, information on:(a) Course offerings;(b) Career…

Workplace readiness training provides opportunities for students with disabilities to learn about and develop both social skills and independent living. Training may include, but is not limited to:(1) Workshops on workplace behavior, understanding employer expectations for punctu…

(1) Self-advocacy instruction provides opportunities for students with disabilities to learn about rights, responsibilities, and how to request accommodations or services and supports needed during the transition from secondary to postsecondary education and employment. Self-advo…

Rehabilitation technology means the use of technologies, engineering methods, or sciences to design, develop, test, evaluate, apply, and distribute technology to address those areas in which you experience functional loss, such as mobility, communication, hearing, vision, and cog…