ADMINISTRATIVE CODE

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: VOCATIONAL REHABILITATION
PART 553 ASSESSMENT FOR DETERMINING ELIGIBILITY AND REHABILITATION NEEDS

Section 553.10 General Applicability (Repealed)

Section 553.20 Basis for Eligibility

Section 553.25 Disability Documentation

Section 553.30 Presumption of Benefit from Vocational Rehabilitation Services

Section 553.31 Trial Work Experiences

Section 553.32 Outcome of Trial Work Experience

Section 553.35 Services to Non-United States Citizens

Section 553.40 Eligibility Determination Time Frames

Section 553.50 Eligibility Determination

Section 553.60 Documentation of Eligibility Factors/Preliminary Assessment (Repealed)

Section 553.70 Certification of Eligibility (Repealed)

Section 553.75 Trial Work (Repealed)

Section 553.76 Outcome of Trial Work (Repealed)

Section 553.80 Extended Evaluation (Repealed)

Section 553.90 Outcome of Extended Evaluation (Repealed)

Section 553.100 Assessment

Section 553.105 Assistance in Attaining Necessary Financial Support (Repealed)

Section 553.110 Outcome of the Assessment of Rehabilitation Needs (Repealed)

Section 553.120 Change in Eligibility Status (Repealed)

Section 553.130 Order of Selection

Section 553.140 Criteria for Most Significant Disability, Very Significant Disability, Significant Disability, and Disability

Section 553.150 Determination of Serious Limitation to Functional Capacities

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: VOCATIONAL REHABILITATION
PART 553 ASSESSMENT FOR DETERMINING ELIGIBILITY AND REHABILITATION NEEDS
SECTION 553.10 GENERAL APPLICABILITY (REPEALED)

Section 553.10 General Applicability (Repealed)

(Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.20 Basis for Eligibility

An individual shall be eligible to receive services through the VR Program if he/she:

a) is an individual who has a disability as determined pursuant to Title II and Title XVI of the Social Security Act (42 USC 401 et seq. and 1381 et seq.) and desires to achieve an employment outcome; or

b) is an individual who meets all of the following:

1) is determined by qualified personnel to have a physical or mental impairment that constitutes or results in a substantial impediment to employment for the individual;

2) is determined by a qualified vocational rehabilitation counselor employed by DHS-DRS to require vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with the customer's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and

3) is presumed to be able to benefit from vocational rehabilitation services in terms of an employment outcome.

(Source: Amended at 29 Ill. Reg. 12845, effective August 8, 2005)

Section 553.25 Disability Documentation

Acceptable information for the purpose of documenting disability shall be one of the following:

a) existing available medical records;

b) existing available acceptable psychological or psychiatric records;

c) verification of receipt of Supplemental Security Income or Social Security Disability Income awarded on the basis of disability;

d) verification that the individual is receiving, or has within the last year received, services through a special education program;

e) any other verification that the individual has been determined by another educational or governmental agency to be an individual with a disability;

f) records provided by the individual or the individual's family or guardian; or

g) a case note entry reflecting the counselor's professional knowledge of the customer's disability.

Additional information may be obtained at anytime the counselor deems it necessary to determine disability.

(Source: Added at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.30 Presumption of Benefit from Vocational Rehabilitation Services

a) Any individual with a disability is presumed to be able to benefit from VR services and to be capable of achieving a successful employment outcome. This presumption shall continue unless DHS-DRS can demonstrate through clear and convincing evidence that the individual is incapable of benefiting from VR services and becoming successfully employed.

b) Prior to the determination that the individual is incapable of benefiting from VR services because of the significance of the disability, the individual must be provided a period of trial work pursuant to 89 Ill. Adm. Code 553.31.

(Source: Amended at 31 Ill. Reg. 12589, effective August 16, 2007)

Section 553.31 Trial Work Experiences

a) DHS-DRS shall provide trial work experience by conducting explorations of a customer's abilities, capabilities and capacity to perform in realistic work situations. Trial work experience shall include one or more work settings and be of sufficient variety and over a sufficient period of time to determine whether the individual can or cannot benefit from VR services. Trial work experiences may include supported employment, on-the-job training and other experiences using realistic work settings in the most integrated settings possible. Other examples may include internships, job shadowing, structured volunteer experiences in real work settings and community-based assessments.

b) Under limited circumstances, if an individual cannot take advantage of other trial work experiences, or if options for trial work experiences have been exhausted before the determination of eligibility has been made, DHS-DRS shall conduct an extended evaluation to make the determination.

c) DHS-DRS shall develop a written Trial Work Plan to periodically assess the individual's abilities, capabilities and capacity to perform in trial work experiences.

d) During the time that the trial work experience is being provided, DHS-DRS shall provide appropriate support services to accommodate the vocational rehabilitation needs of the individual.

e) The trial work experience must be undertaken consistent with the informed choice and rehabilitation needs of the individual.

f) The trial work experience of the individual shall continue until one of the outcomes described in Section 553.32 is met.

(Source: Amended at 31 Ill. Reg. 12589, effective August 16, 2007)

Section 553.32 Outcome of Trial Work Experience

Trial work experience shall be provided to the individual over a sufficient period of time to determine that:

a) there is sufficient evidence to conclude the individual can benefit from VR services in terms of an employment outcome; or

b) there is clear and convincing evidence that the individual is incapable of benefitting from VR services in terms of an employment outcome due to the significance of the individual's disability.

(Source: Added at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.35 Services to Non-United States Citizens

DHS-DRS will provide services through its VR Program to an individual who is not a citizen of the United States provided that:

a) the individual holds a proper visa or certification from the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) to allow him/her to be employed while in the United States; and

b) all other eligibility criteria described in this Part are met.

(Source: Amended at 30 Ill. Reg. 7754, effective April 6, 2006)

Section 553.40 Eligibility Determination Time Frames

After receiving a completed application for VR services, DHS-DRS shall make an eligibility determination and determine the individual's priority to receive services under the Order of Selection within a reasonable time period, not to exceed 60 calendar days from the date the individual applies for services unless:

a) DHS-DRS notifies the individual that exceptional and unforeseen circumstances beyond DHS-DRS control preclude DHS-DRS from completing a timely determination and the individual agrees to an extension; or

b) DHS-DRS determines, on the basis of the criteria set forth at 89 Ill. Adm. Code 553.30, that a period of trial work is necessary pursuant to 89 Ill. Adm. Code 553.31.

(Source: Amended at 31 Ill. Reg. 12589, effective August 16, 2007)

Section 553.50 Eligibility Determination

Prior to the end of the eligibility determination period (i.e., 60 days), one of the following must occur:

a) the customer has been determined to be eligible to receive VR services and has a disability that will allow services to be provided under the Order of Selection. At this time a Certification of Eligibility shall be completed. The customer will then undergo an Assessment pursuant to Section 553.100;

b) the customer is determined eligible but not to have a disability that allows services to be provided under the Order of Selection (Section 553.130). The customer will be offered the option to have his or her name placed on a waiting list to wait until services can be provided to the priority category established under the Order of Selection or to have his or her case closed. The customer shall be referred to other agencies that can provide services, i.e., a comprehensive one-stop center, a private rehabilitation agency, a community rehabilitation program, a Center for Independent Living, etc.;

c) the customer shall be given a trial work experience, if due to the severity of the disability it is unknown if the customer can benefit from services in terms of an employment outcome. A Written Trial Work Plan shall be completed, the trial work shall begin, and the customer shall be closely monitored during the trial work experience;

d) the customer does not meet the required eligibility criteria (see Section 553.20). A Certification of Ineligibility shall be completed and the individual's case closed; or

e) the customer's case is closed for reasons other than ineligibility (e.g., the customer has refused services or further services from DHS-DRS, the customer cannot be located).

(Source: Amended at 34 Ill. Reg. 19013, effective November 22, 2010)

Section 553.60 Documentation of Eligibility Factors/Preliminary Assessment (Repealed)

(Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.70 Certification of Eligibility (Repealed)

(Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.75 Trial Work (Repealed)

(Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.76 Outcome of Trial Work (Repealed)

(Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.80 Extended Evaluation (Repealed)

(Source: Repealed at 23 Ill. Reg. 13222, effective October 18, 1999)

Section 553.90 Outcome of Extended Evaluation (Repealed)

(Source: Repealed at 23 Ill. Reg. 13222, effective October 18, 1999)

Section 553.100 Assessment

a) If a customer is determined eligible to receive VR services (89 Ill. Adm. Code 553.50(a)), the Assessment form shall be completed.

b) A major component of the Assessment shall be the determination of the employment outcome. The choice of the employment outcome shall involve the customer and take the customer's interests into consideration, as well as career counseling provided to and with the customer by the counselor regarding labor market trends and training requirements. The employment outcome should be consistent with the customer's unique strengths, priorities, concerns, abilities, capabilities, career interests and informed choice. The employment outcome chosen by the customer should be supported by the counselor unless the Assessment clearly contraindicates the customer's choice.

c) The purpose of the Assessment is to determine the vocational rehabilitation services needed to achieve the employment outcome.

d) The scope of the Assessment shall be limited to that which is necessary to identify the vocational rehabilitation services needed by the customer and to develop the customer's Individualized Plan for Employment (IPE) (89 Ill. Adm. Code 572). To the maximum extent possible, the information used shall be existing information, as well as information available from the customer and, where appropriate, from the customer's family.

(Source: Amended at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.105 Assistance in Attaining Necessary Financial Support (Repealed)

(Source: Repealed at 23 Ill. Reg. 13222, effective October 18, 1999)

Section 553.110 Outcome of the Assessment of Rehabilitation Needs (Repealed)

(Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.120 Change in Eligibility Status (Repealed)

(Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.130 Order of Selection

a) Pursuant to the provisions of the Rehabilitation Act of 1973, as amended (29 USC 701 et seq.), DHS-DRS has established the following Order of Selection priority for the provision of services to eligible individuals, which counselors must follow when serving customers:

1) those individuals determined to have the most significant disabilities;

2) those individuals determined to have very significant disabilities;

3) individuals determined to have significant disabilities; and

4) individuals determined to have disabilities.

b) For the purposes of administering services under the Order of Selection, the Director of DHS-DRS will determine at the beginning of each fiscal year, or more often as necessary, which of the categories under subsection (a) will be open for service.

c) Eligible individuals in a closed category under subsection (a) may choose to be placed on a waiting list for services. (See Section 553.50(b).)

(Source: Amended at 31 Ill. Reg. 12589, effective August 16, 2007)

Section 553.140 Criteria for Most Significant Disability, Very Significant Disability, Significant Disability, and Disability

Documentation of the determination that an individual has a most significant disability, a very significant disability, a significant disability, or a disability must be in the individual's vocational rehabilitation (VR) case file, as well as documentation concerning the evaluation of the individual's rehabilitation potential.

a) Prior to determining the significance of an individual's disability, the Department must determine that the individual:

1) has a disability, or a combination of disabilities, that causes a substantial physical or mental impairment that is similar, but not limited to, the following list of disabilities:

A) amputation,

B) arthritis,

C) autism,

D) blindness,

E) burn injury,

F) cancer,

G) cerebral palsy,

H) cystic fibrosis,

I) deafness,

J) head injury,

K) heart disease,

L) hemiplegia,

M) hemophilia,

N) respiratory or pulmonary dysfunction,

O) intellectual disability,

P) mental illness,

Q) multiple sclerosis,

R) muscular dystrophy,

S) musculo-skeletal disorders,

T) neurological disorders (including stroke and epilepsy),

U) paraplegia,

V) quadriplegia (and other spinal cord conditions),

W) sickle cell anemia,

X) specific learning disabilities, or

Y) end stage renal failure disease;

2) has a disability, or a combination of disabilities, that seriously limits the individual's functional capacities, as listed in Section 553.150;

3) has an impairment that constitutes or results in a substantial impediment to employment; and

4) can benefit, in terms of an employment outcome, from the provision of vocational rehabilitation services.

b) If an individual meets the requirements of subsection (a), then the following criteria must be met to determine the significance of the individual's disability:

1) To be considered an individual with a most significant disability, the individual must be an individual who has a disability that seriously limits three or more functional capacities and who must require multiple VR services over an extended period of time.

2) To be considered an individual with a very significant disability, the individual must have a disability that seriously limits two functional capacities and must require multiple VR services over an extended period of time.

3) To be considered an individual with a significant disability, the individual must have a disability that seriously limits one functional capacity and must require multiple VR services over an extended period of time.

4) To be considered an individual with a disability, the individual must have a disability that results in some impediment to employment, must have some functional limitations, and can benefit from the provision of VR services.

c) An individual who has been determined eligible for disability benefits pursuant to Title II (SSDI) or Title XVI (SSI) of the Social Security Act is considered to be an individual with at least a significant disability and is presumed eligible for VR services, unless the analysis of the individual's functional limitations and service needs, as described in subsections (a) and (b), place the individual into a higher category of the order of selection.

(Source: Amended at 48 Ill. Reg. 15478, effective October 21, 2024)

Section 553.150 Determination of Serious Limitation to Functional Capacities

a) For the purpose of determination of the degree of significance of disability , functional capacities shall include:

1) mobility – the physical ability of an individual to move from place to place and move the body into certain positions. This includes such activities as: walking, climbing, kneeling, stooping, sitting, standing, and similar activities;

2) self-care – the ability of an individual to perform activities related to his or her health and hygiene. This includes such activities as: grooming, bathing, eating, house keeping, medical management, and money management;

3) self-direction – the ability of an individual to organize, control and regulate his or her own personal, social, and work life. This includes such activities as: maintaining schedules and routines, following directions and established rules, organizing activities for oneself, and adjusting to changing circumstances;

4) work skills – the ability of an individual to demonstrate skills necessary to perform jobs that exist in the current employment market, regardless of demand for the particular occupation or the individual's prior work experience. This includes such activities as: learning and maintaining work skills, cooperating with others in a work setting, using adequate decision making and problem solving skills, and using academic skills commonly required in the workplace;

5) work tolerance – the ability of an individual to consistently and adequately perform a job based on the physical, emotional, environmental, and psychological demands of a specific work environment. This includes such activities as: maintaining performance on the job regardless of changes in environment such as cold and heat, demonstrating the strength and endurance to perform the job in question, and working the schedule typical of other employees in the same job;

6) interpersonal skills – the ability of an individual to establish and maintain appropriate relationships with other individuals in the work place. This includes such activities as: engaging in necessary work-related communications, demonstrating behavior that is appropriate and acceptable in the work environment, cooperating with others in a team setting, and showing understanding and tact in dealing with others; and

7) communication – the ability to convey and receive information efficiently and effectively. This includes such activities as: hearing and understanding ordinary spoken language; making one's self understood in ordinary conversation; writing or printing short notes and communications; and reading and correctly interpreting short notes, signs, and instructions.

b) A serious limitation to a functional capacity shall exist when it is determined by the rehabilitation counselor or instructor that the customer, because of his or her disability, has functional limitations in performing the major components of the activity or activities listed in subsections (a)(1) through (7) or needs accommodation to perform the activity.

c) The rehabilitation counselor or instructor shall use the criteria of consistency and substantiality when evaluating the degree of limitation to functional capacity. Consistency means that the individual's disability always or almost always limits the individual's functioning. Substantiality means the individual's disability has a major, significant impact on functioning and that the individual cannot perform the activity or finds it very difficult to perform the activity.

(Source: Amended at 31 Ill. Reg. 12589, effective August 16, 2007)