DVR Consumer Handbook

Acknowledgments

This Handbook was written and produced by a collaborative effort of Protection and Advocacy, the Department of Vocational Rehabilitation and the Department for the Blind.

Primary Authors:

William C. Morrison
Supervisor, P&A Education/Technology Unit

Melissa Rodden, J.D.
Attorney, P&A Technology Unit

Dave Mathies, DVR

Contributing Editors:

Kathy Williams
Don Hyatt
Department of Vocational Rehabilitation

Inspirations:

J. Marque Moore,
Pam Hancock,
and many more consumers who have the courage to pursue their dreams and by doing so have allowed others to imagine their dreams can come true.

Produced with federal funds through the KATS Network

Obtaining Assistive Technology from the Department of Vocational Rehabilitation or the Department for the Blind

This handbook will describe a process you can follow in order to obtain needed assistive technology (AT) from the Department of Vocational Rehabilitation or the Department for the Blind (VR/DFB). As the process is identical for each department, both will be referred to as VR/DFB. We will also discuss the provision of services under Medicaid and by colleges and universities. Protection and Advocacy advocates have written this handbook in collaboration with VR/DFB staff. It is based on our past successes helping persons with disabilities obtain assistive technology and other services. These steps will make sure that:

• adequate background and assessment information have been collected;
• that you are matched with the correct technology;
• that you actually receive the technology and get to use it; and
• VR/DFB provides you with training in how to use the technology and on-going support and service when needed.

As an individual with a disability you have the right to have VR/DFB provide you with AT which is relevant to your vocational goals or vocational related educational goals. This right, under the Rehabilitation Act with 1992 Amendments includes the services, such as assessment, training and support, that are necessary for you to successfully use the AT.

About Protection and Advocacy and the Client Assistance Program

The Division of Protection and Advocacy is a Division of the Department of Public Advocacy (Public Defenders Office). Although P&A is part of the Public Protection and Regulation Cabinet it is by federal law independent in its actions on behalf of its clients. This is essential to P&A's mission of protecting the rights of individuals with disabilities under various state and federal laws. It has been necessary from time to time for P&A to file litigation against other state agencies to insure this mission is fulfilled. If not for P&A's independent status, this action would be very difficult to achieve.

The primary service P&A provides is Client Directed Individual Case Advocacy. Client directed means exactly what it says, that is, the client determines what goals s/he wishes to pursue. We do not attempt to figure out what is best for you as we believe you are the best judge of that. Our job is to represent you. We do this by insuring your rights are protected and you receive the services and equipment to which you are entitled.

P&A Advocates utilize various laws to advocate for their clients including the Rehabilitation Act, the Americans with Disabilities Act, the Individuals with Disabilities Education Act and the Civil Rights Act of 1964. Other state and federal legislation may be utilized when it benefits the clients we represent.

The Client Assistance Program (CAP) is an independent part of the Workforce Development Cabinet. The Department of Vocational Rehabilitation (VR/DFB) and the Department for the Blind are also part of the Workforce Development Cabinet. The purposes and functions of CAP include:

• upon request, informing individuals of their rights and responsibilities in connection with services and benefits from vocational rehabilitation, and
• engage clients or applicants in individual or systemic advocacy.
• When appropriate, CAP will assist clients and applicants in pursuing legal, administrative and other available remedies.
• To the maximum extent possible, the CAP will use negotiation and mediation before resorting to formal administrative or legal remedies.

If the scope of your problem relates solely to VR/DFB and you need information and assistance, not representation, then contacting the CAP should be helpful. If you do not find that CAP can resolve your problem, and the issue of concern is AT, you can contact P&A for further assistance.

Becoming a VR/DFB client

If you are not a VR/DFB client, the first thing you will need to do is request to have an intake interview from your local VR/DFB office. The intake interview will require you to present information regarding the nature of your disability, current financial information, vocational goals and prior educational records. This information will be used by the VR/DFB Counselor to determine your eligibility for services. Federal law requires that VR/DFB serves those with the most severe disabilities. VR/DFB has limited resources so if the impact of your disability is relatively small you may only be eligible for information and referral services which do not include AT. This decision as to how disabled you are is based on how severely your disability affects you in the following areas:

It is not required that you use the CAP before contacting P&A if the issue is AT

• mobility
• communication
• self-care
• self-direction
• interpersonal skills
• work tolerance
• work skills

If you feel the VR/DFB counselor has denied you services unfairly you have a right to appeal the decision. Please consult the Appealing VR/DFB Decisions section of this handbook for advice on how to proceed with an appeal. You may also contact P&A or the CAP for assistance in this regard.

The Individualized Written Rehabilitation Program (IWRP)

The IWRP is the master plan as to what your vocational goals are and what services and equipment VR/DFB will provide in order to help you meet the goal. On the following page we discuss issues relating to setting your vocational goal. In this section we will discuss how to negotiate for the services and equipment you will need.

The two most important things to remember about the IWRP are:

• If the service you need does not in some way relate to your chosen vocational goal VR/DFB will not provide the service.
• If it is not clearly stated on the IWRP, or an amendment, that VR/DFB has agreed to provide a service or piece of equipment, VR/DFB has not agreed to provide it.

Step One - Initiating the IWRP

After your eligibility is determined your counselor should contact you to schedule a meeting. If s/he does not, call your counselor and ask to schedule an IWRP meeting to discuss your goals and needs. At this meeting the VR/DFB Counselor's role is to advise you as to how to accomplish your goals and to offer services and equipment necessary for you to reach your goals efficiently and effectively. It is the VR/DFB Counselor's role to assist you in selecting your career goal, but it is your choice. You should seek input from the counselor as s/he will have assisted many people with disabilities in accomplishing their goals. If you can avoid some mistakes others have made you are better off. Reaching agreement on your goal will also help reduce conflict as you implement the plan. Try to spend as much time listening in the IWRP meeting as you do speaking. The following discussion relates to setting you goals. As you will see this is a very important part of the IWRP process that will impact the services you receive in the future.

Establishing your Vocational Goals - Colleges, Universities And Higher Ed

Do not allow anyone to convince you that you cannot succeed because of your disability.

For many people with disabilities new technologies have created vocational opportunities that did not even exist a few years ago. Every indication is this trend will continue opening more and more opportunities as newer technologies become available.

In order for you to take advantage of these opportunities, you will need training and in many cases post-secondary (college) education. Obtaining a Bachelors or Masters degree is very difficult. It is however, possible, and the financial and social rewards are significant. Do not allow anyone to convince you that you cannot succeed because of your disability.

Choosing a College or University

There are many considerations in choosing the college or university that will best suit your needs. Consider the following:

• Does the school offer the academic course of study which is needed for your career choice?
• Is suitable housing available at a reasonable cost?
• Is suitable transportation available to and from and around campus?
• How will you obtain attendant care and home health care services, if needed?
• Are the campus and classroom buildings assessable or will you have to be an ADA crusader in order to meet academic requirements?

One very helpful strategy is to arrange to meet with a student currently attending the school you are considering who has a similar disability to yours. Ask them how they have met academic requirements, what hassles they have run into, and how did they deal with the questions outlined above? Your VR/DFB Counselor should be able to assist in arranging this meeting.

Many people considering college find it helpful to contact the Disability Coordinator's Office at the college they wish to attend and arrange a visit. At this visit the types of assistance available can be discussed and you may meet students with similar disabilities to learn how they cope with various needs. The Resource Directory at the end of this handbook contains a listing of these offices and contact people.

The unfortunate fact is that some schools do a better job of assisting students with disabilities than others do. Section 504 of the Rehabilitation Act requires colleges and universities to provide any service offered to the non-disabled student population to students with disabilities. These services may be modified, but must be provided in as similar to how non-disabled students receive them, as possible. Some examples include:

• If the school provides a bus transportation system around campus, the buses must have wheelchair lifts. They may not use special buses which segregate the disabled student population from the rest of the students.
• If the library has a computerized card catalog system the terminals must have screen enlargement so students with visual impairments can use them.

The American's with Disabilities Act (ADA) requires all newly constructed public buildings to meet rigid associability standards. Buildings constructed prior to the ADA must be modified, unless doing so would place an undue financial burden on the institution. A school may move a certain class from a non-assessable building to an assessable building to accommodate a student. Additional discussion of this issue can be found in the Legal Rights/Appeals section near the end of this handbook.

VR/DFB Provided Assistance

VR/DFB will provide assistance including AT, tuition, housing, food and non-medical attendant care while you are pursing your college education. This assistance will be provided as necessary for you to become qualified to work at an entry level position in your chosen career field. For example, consider the following chart:

VocationalGoal	Entry level Requirement	Years of VR Service Provided
School Teacher	Bachelor's of Ed.	4 years
School Administrator	Master's of Education	5 years
Professor of Education	Ph. D. in Education	6 years

You may find it very difficult to increase your educational goal to a position requiring a more advanced degree once you have begun college. For this reason many people find it best to anticipate the highest level position they may desire and list it that way with VR/DFB in the beginning. You can always reduce your goal if you change your mind.

Types of AT and funding sources

Career opportunities for people with disabilities have expanded greatly due to the great many occupations which require computer use. Usually, the first step in training for these careers involves specialized training in the use of a computer access device. The following chart describes only a few of the AT devices available:

Disability	Type of Access Device
Visual Impairment	Screen Enlargement Sound Output System
Physical Disability	Keyboard Guards Alternative Mouse Devices Voice Recognition Systems Laser Pointers
Learning Disabilities	Word Prediction Spell Checkers
Communication Disorders	Communication Devices
Mobility Impairments	Power Wheelchair Computer Mounts Van Modifications

Each service: AT, tuition, housing, food, and non-medical attendant care must be specifically listed on the IWRP or an amendment.

VR/DFB is considered to be a payer of last resort. This means that if you qualify for services from other programs VR/DFB may ask you to try to get services through them first. This is a legitimate request and should be tried. In reality, you will be asking VR/DFB to fund a lot of services so it can be helpful to save them for the things no other agency will fund. For example, many people with disabilities have coverage under Medicaid.

Some equipment may be both medically and vocationally necessary. Generally, if Medicaid will fund a piece of equipment (such as an Augmentative Communication Device ) it is better to use Medicaid. When AT is purchased through Medicaid you obtain complete ownership of the equipment which is a significant benefit.

When considering specific types of AT, you may request an AT assessment to determine which AT will work best for you.

Step Two - Obtaining an Assessment

At the IWRP meeting explain that you are aware that new technologies exist that may make it possible for you to increase your vocational potential. Request a technology assessment so you can learn more about these technologies and how they may help you.

VR/DFB have technology specialists who are capable of performing technology assessments. The technology assessment is designed to allow you to try different forms of technology. This will allow you to decide which technology best meets your needs. The following are characteristics of a quality technology assessment:

• The assessor should have access to and have reviewed information regarding your disability and how it effects your vocational abilities prior to beginning the assessment.
• The assessor should have a variety of equipment available for you to try during the assessment.
• The assessor should not have a vested interest in the outcome of the assessment. Vendors who only sell one brand of equipment may have a financial interest in that brand being determined best for you. Make sure you can try different brands of equipment.

 

You should receive a written report which includes:

• an exact description of the capabilities of the technology and any special devices you need to have access to the technology;
• a list of companies that sell the technology;
• a description of the training you will need in order to use the technology;
• a statement of how often, under what circumstances, and where you will need to use the technology in order to meet your vocational/educational goals;and
• a statement of the expected vocational/educational benefit the technology will have.

 

Before you leave the assessment, you should ask the evaluator when the written assessment will be complete. If deadlines, such as an upcoming IWRP meeting exist, be sure and tell the evaluator so s/he can be sure to have the report done in time.

Using Independent Assessors

When the VR/DFB Counselor agrees that a technology assessment should be done, many people feel someone from outside of the VR/DFB should complete the assessment so the results are not influenced by the Department. It is hard to convince the VR/DFB counselor that the VR/DFB technology specialist will not do the job properly. You may need to give the VR/DFB technology specialist a chance to do the assessment. If you agree to have the VR/DFB perform the assessment, keep in mind that if you are not satisfied with the results—you may request the assessment be redone independently. This handbook includes a resource directory including independent technology assessors.

Step Three - Implementing the Assessment

Once you have received your copy of the written AT assessment you will need to ask your VR/DFB Counselor for another IWRP meeting. This meeting will be held in order to implement the recommendations. In this meeting you will decide on the following:

• what (if any) AT will be purchased;
• when will the AT be purchased;
• what vendor will be used;
• when will the AT be ordered;
• who will set up the equipment for you;
• who and when will training be provided to you on how to use the AT; and
• who will service the AT when necessary.

 

The answers to each of these questions must be clearly indicated on the IWRP Amendment. If the VR/DFB counselor refuses to provide the equipment that has been recommended in the assessment, first ask s/he to reconsider their decision. If they still refuse, you should advise him you will seek assistance from P & A or the CAP to appeal this decision. Please refer to the Appealing VR/DFB decisions section of this handbook for further information on this process.

Choosing Assistive Technology

Once the appropriate AT is determined through the assessment you may be faced with a choice of several similar pieces of equipment. There may be significant differences in the prices of each brand or style of equipment.

The choice of AT is a matter of function

Often VR/DFB Counselors have been known to say “We do not have to get you the Cadillac of AT, only the Chevrolet”. Although VR/DFB is not required to purchase the most expensive AT, your preference is a consideration. Look at the choice of AT as a matter of function. Function means what and how will the AT assist you in completing a task. If one model has capabilities that will allow you to more efficiently or quickly complete work or educational requirements then the higher price may be justified.

For example, many people with quadriplegia have some arm and hand coordination which allows them to use a keyboard. Although keyboard use is possible, it is also very slow and laborious which greatly reduces efficiency. By using a voice recognition computer system, a person would be able to produce written work five to ten times faster (voice recognition means a computer that writes what you say). Even though the voice recognition system is twice as expensive as a standard keyboard computer system, the additional expense is justified.

Remember, the choice of AT is a matter of function. Do not assume that the most expensive AT is always the best. For many people a very low tech solution may provide the easiest way to perform a task.

Your Training Program

It is essential that you receive appropriate training in order to receive maximum benefit from your AT. Although the following list discusses computer training the same issues are important to training for use of any AT. A quality training program includes:

• Multiple lessons—You should have training, followed by a period of time to try out what you learned, followed by another lesson to expand your knowledge. No one ever learned to use a computer or software in one lesson- no matter how good the one lesson was. Learning to use most technologies requires this approach because of the complex nature of software.
• A qualified trainer who has used the AT prior to the lesson. There are many sources today for computer training. Adult education courses, community colleges and private companies provide basic computer use training at locations across the state. If you will be using a standard computer access (keyboard) any of these sources may work well for you. If you are using an alternative access system such as voice recognition or sound output (the computer says what key you hit—for visually impaired users) you need a trainer who specializes in the use of this equipment.
• Telephone access to the trainer so if you experience a problem you can resolve it quickly without losing much work time.

 

Service and Repair for your AT

It is very important that you anticipate the need for service and repair of your AT. Like most things which are electronic or mechanical, regular maintenance of your AT will insure it works and increase the AT's life span. Any time AT breaks or needs maintenance you should notify your VR/DFB counselor immediately.

If available, VR/DFB should purchase an extended warranty along with the AT. This can allow you to have repairs made without taking time from your counselor. If you do not have an established (in writing) repair plan, do not take your AT in for service without DVR's approval. You may not get reimbursed for the expense.

For most AT purchased by VR/DFB, once you have used it for four years you own it. If VR/DFB refuses to pay for repairs, contact the CAP program for assistance. As stated earlier, if CAP is not helpful, call P&A for assistance.

Legal and Appeal Issues

Applicability of §504

Among VR/DFB clients and counselors, there is often confusion as to what services and or equipment a post-secondary school is to provide versus what VR/DFB is obligated to provide.

Any post-secondary school, college, or trade school (these will be referred to as “programs” for the remainder of this section.) that receives federal funds in any form is required to do certain things for persons with disabilities. These requirements are found in the regulations that accompany §504 of the Rehabilitation Act. The regulations are found at 34 CFR 104.43 et seq. In general, no qualified person with a disability shall be excluded from any program because of their disability. Also, programs must allow students with disabilities to bring and use their aids in the classrooms if they need those aids to participate in the program. This would include tape recorders, seeing eye dogs, etc.

Higher Education programs are required to provide auxiliary aids such as readers in libraries for persons with visual disabilities, or making orally delivered materials available in written form for persons who are deaf or hard of hearing or who have learning disabilities. It is important to understand that the programs are not required to provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.

These types of aids and services are the requirement of VR/DFB. A client of either VR/DFB should have a meeting with the program they are to attend and with their counselor to discuss the types of services and aids needed to receive an effective training or education. At this meeting it can be explained to the program what its requirements are under §504. Programs usually understand the importance of meeting these requirements because all of their federal funding could be denied if discrimination is found. The client's counselor should also understand that they must provide any necessary services or aids that the program is not under an obligation to provide.

Appeal Rights

If you feel that an adverse decision ( a decision not in your favor) has been made by your counselor, you should take advantage of your appeal rights. Similarly, when you are denied VR/DFB client status, you may wish to appeal this decision. When the adverse decision is received, you have sixty (60) days to appeal the decision.

You may wish to ask for assistance through the CAP. There are times when Protection and Advocacy staff can assist with the appeal. This is determined on a case-by-case basis depending on agency priorities. You can represent yourself or have another person be your representative.

You have the choice of an informal review conducted by a VR/DFB staff member from a different region of the state, or a more formal hearing conducted by an impartial hearing officer.

If an informal review is chosen, you need to send an appeal letter to the regional office in which the local VR/DFB agency is located. This letter should outline what decision is adverse, when it was made, by whom, and what the decision should have been. The regional VR/DFB agency will then notify you of when the review will take place. It must be within 15 days of when your request for informal review is made. You and your representative, if any, will be present at the review along with a Director of Program Services from a different region (or his designee) and the VR/DFB counselor. This is an informal setting so the Director or his designee will let each party speak and will receive any documents either party wishes to submit. The Director or his designee has ten (10) days to make a decision and send it out. The decision is based on the informal review and all documentation. If you are dissatisfied with this decision, you may request a formal hearing within thirty (30) days after receipt of the informal review decision.

If you choose to have a formal hearing as a first appeal or as an appeal of the informal review then the hearing will be held within forty-five (45) days of the hearing request. An impartial hearing officer will be appointed for this type of hearing. The hearing officer will send written notification to you as to the date of the hearing. Formal hearings follow more strict rules of evidence and witness examination and cross-examination than informal reviews. It is recommended that you have a representative at this level of appeal. Once again CAP or P&A may be able to represent someone at this level. The hearing will be tape recorded by the hearing officer. The hearing officer has 60 days to complete his recommendation and deliver it to the agency. The agency has a total of 90 days (including that 60 day period) to deliver the final order. The decision will be made from the evidence presented at the hearing.

You will have thirty days after the final order to request judicial review in Circuit Court in the venue that applies to that particular case. At this time a judge will review the order and make a final decision.

Conclusion

Technology will not make it easy for you to accomplish your vocational goals. It may, however, make it possible! Our world is rapidly changing. New technologies are invented almost every day. If you are a wise consumer of AT, it will open doors for you people with your disability never dreamed possible just a few years ago.

In this Handbook, we have tried to present most of the basic issues pertaining to obtaining AT and other services from VR/DFB. Please contact the CAP or P&A if you require further assistance.

Resource list

• Assistive Technology Assessment Centers
  • Enabling Technologies of Kentucky
    301 York Street
    Louisville, KY 40203
    502-574-1637
  • Western Kentucky Assistive Technology Consortium
    P.O. Box 266
    Weeks Community Center, Room 307
    607 Popular Street
    Murray, KY
    502-753-7676
  • Bluegrass Technology Center
    169 North Limestone St.
    Lexington, KY 40507
    606-255-9951
• ADA/504 Coordinators for Community Colleges
  • Ashland Community College
    1400 College Drive
    Ashland, KY 41101-3683
    (606) 329-2999
    Mike Aulick, ADA Coordinator, Ext. 613
  • Elizabethtown Community College
    600 College Street Road
    Elizabethtown, KY 42701-3081
    (502) 769-2371
    Charles Spataro, ADA Coordinator, Ext. 307
  • Hazard Community College
    One Community College Drive
    Hazard, KY 41701-2402
    (606) 436-5721
    Doug Fraley, Dean, Student Services, Ext. 241
  • Henderson Community College
    2660 South Green Street
    Henderson, KY 42420
    (502) 827-1867
    Larry Tutt, ADA Coordinator, (502) 830-5290
  • Hopkinsville Community College
    North Drive, P. O. Box 2100
    Hopkinsville, KY 42241-2100
    (502) 886-3921
    Louise Adams, Ext. 115 or
    John Wheeler, Ext. 199
  • Jefferson Community College
    109 E. Broadway
    Louisville, KY 40202-2005
    (502) 584-0181
    Allan Steinberg, Counselor for all branches, Ext. 2182
  • Lexington Community College
    Oswald Building
    Cooper Drive
    Lexington, KY 40506-0235
    (606) 257-4872
    Veronica Miller, ADA Coordinator
    Support Center, (606) 257-3566
  • Madisonville Community College
    2000 College Drive
    Madisonville, KY 42431-9241
    (502) 821-2250
    Valerie Wolfe, Student Services Coordinator, Ext. 2178
  • Maysville Community College
    1755 U.S. 68
    Maysville, KY 41056-9606
    (606) 759-7141
    Nancy Hunter, ADA Coordinator, Ext. 147
  • Owensboro Community College
    4800 New Hartford Road
    Owensboro, KY 42303
    (502) 686-4400
    Joe Yazvac, Counselor for ADA, (502) 686-4416
  • Paducah Community College
    4810 Alben Barkley Drive
    P. O. Box 7380
    Paducah, KY 42002-7380
    (502) 554-9200
    Gail Ridgeway, ADA Coordinator, Ext. 204
  • Prestonsburg Community College
    One Bert T. Combs Drive
    Prestonsburg, KY 41653-9502
    (606) 886-3863
    Janie Beverly, Counselor for ADA, Ext. 227
  • Somerset Community College
    808 Monticello Road
    Somerset, KY 42501-2999
    (606) 679-8501
    Lou Anne Lane, Special Needs Coordinator, Ext. 3331
  • Southeast Community College
    700 College Road
    Cumberland, KY 40823-1099
    (606) 589-2145
    James Blair, Director of Counseling, Ext. 2107, or
    Charles Sellars, Dean of Student Services, Ext. 2003