​Chapter 3 Contents:​

DRS Policy Manual Main

Chapter 3. - DISABILITY CRITERIA

1. Significant and Most Significant Disability Criteria

A. Criteria for Significant Disability

A1. Severe Physical Or Mental Impairment That Seriously Limits One Or More Functional Capacities In Terms Of An Employment Outcome

[REVISED: 11/22/16]

 

  1. Definitions.
     
    1. Physical or mental impairment means i) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine, or ii) any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities (per 2016 Federal Regulation 34 CFR § 361.5(c)(41)).
       
    2. Serious functional limitation means a reduction in the capacity of the individual to the degree that the person requires services or accommodations not typically made for other individuals in order to prepare for, enter, engage in, or retain employment.
       

 

  1. Criterion A1 is met when the counselor documents in the case record that the individual has a serious limitation in one or more of the functional capacities (SFL) which causes a significant impediment to employment (See Policy 1: Section C1 of this chapter and AWARE-12 form).  While limitations may result from, or be compounded by, external factors such as geographical location, poor public transportation, criminal record, or lack of training, these factors are not a basis for determining that an individual has a serious functional limitation (SFL).  

Cross-reference: For definition of employment outcome, see Chapter 11, CLOSURE, Policy 1, Section A2.

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A2. Requires Multiple VR Services over Extended Period of Time

[REVISED: 7/1/12]

 

  1. Multiple vocational rehabilitation services means (per agency)  ongoing guidance and counseling, placement assistance, and other services which address the substantial loss of functional capacity.

  2. Extended period of time means (per agency) longer than six (6) months from the date of Employment Plan initiation. The services provided may extend beyond VR case closure and may be provided through auspices other than the DRS Vocational Rehabilitation Program.

 

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A3. One or More Physical or Mental Disabilities Determined By Assessment to Cause Comparable Substantial Functional Limitation

[REVISED: 11/22/16]

  1. Physical or mental disabilities means disability resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders, (including stroke and epilepsy), spinal cord conditions, (including paraplegia and quadriplegia), sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an eligibility determination assessment and needs assessment to cause comparable substantial functional limitation (per 2016 Federal Regulation 34 CFR § 361.5(c)(31)).

  2. Criterion A3 is met when the VR counselor documents in the case record, as a result of an eligibility determination assessment and needs assessment, that the individual has a serious limitation in one or more of the functional capacities.

Note: For codes for disability and cause, see AWARE-12 form in the Forms Cabinet.

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A4. All SSI and Some SSDI Cases are Presumed to Have a Significant Disability

[REVISED: 11/22/16]

  1. The VR counselor shall automatically code the cases of all individuals who receive Supplemental Security Income (SSI) at a minimum as Significant Disability with 1 Serious Functional Limitation. They are presumed (per 2016 Federal Regulation 34 CFR § 361.42(a)(3)) to meet all three criteria for Significant Disability.

  2. The VR counselor shall automatically code the cases of all individuals who receive Social Security Disability Insurance (SSDI) as the disabled worker Claimant, or as disabled adult (at least 18 years of age) receiving SSDI cash benefits through the SSA Child Disability Benefits Program as Significant Disability with 1 Serious Functional Limitation at a minimum. They are presumed (per 2016 Federal Regulation 34 CFR § 361.42(a)(3)) to meet all three criteria for Significant Disability. This excludes individuals receiving SSDI Survivor or Family benefits because they are receiving SSA benefits under the work record and disability of another person.

  3. Before Eligible status, the VR counselor cannot close the case as disability too severe to achieve an employment outcome unless there is clear and convincing evidence obtained from a Trial Work Experiences Plan, (see Chapter 4.02, TRIAL WORK, Policy 1).
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B. Criteria for Most Significant Disability

[REVISED: 11/22/16]

The individual’s disability shall be considered to be most significant when the counselor documents that the individual meets all three (3) of the following criteria:

  1. Is an individual with a significant disability (see section A of this policy), and

  2. Has a physical or mental impairment that seriously limits three (3) or more functional capacities in terms of an employment outcome (see Section C. of this policy), and

  3. Whose vocational rehabilitation can be expected to require multiple core vocational rehabilitation services for six months or more.

Note 1: This definition is used to establish the need for Supported Employment services (and priority category if DRS is on an order of selection).

Note 2: The criteria for most significant were established by DRS in consultation with the State Rehabilitation Council as required by 2016 Federal Regulation 34 CFR § 361.5(c)(30) and 2016 Federal Regulation 34 CFR § 361.36(d).

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C. Serious Limitation in Functional Capacity in Terms of an Employment Outcome

C1. Function: Mobility

[REVISED: 7/01/08]

  1. Overall definition. 
    The physical, cognitive and psychological ability to move from place to place inside and outside the home. Having lost one’s privilege to drive for legal reasons, such as a D.U.I., does not constitute a serious functional limitation in this category.

  2. Definition of serious functional limitation.
    A serious limitation in mobility exists when, due to a disability, any one of the following applies to the individual:
    1. Is unable to get around in the community, home, or workplace without assistance from others;

    2. Has failed attempts to prepare for or obtain a driver’s license without special adaptations, accommodations, or special training;

    1. Requires specialized transportation;

    1. Is unable to learn to use or access public transportation needed for employment;

    1. Is dependent on adaptive equipment.
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C2. Function: Self-Direction

[REVISED:7/01/08]

  1. Overall definition.
    The ability to plan, initiate, problem solve, organize, or independently carry out goal-directed activities related to independent living and work.

  2. Definition of serious functional limitation.
    A serious limitation in self-direction exists when, due to a disability, any one of the following applies to the individual:
    1. Requires supervision on a constant basis;

    1. Requires supervision to begin and finish tasks, monitor personal behavior, or make decisions;

    2. Has serious difficulty working independently resulting in job loss;

    1. Has serious difficulty shifting focus from one activity or task to the next without prompting;

    1. Has serious difficulty adjusting to new situations or to changes in the daily routine;

    1. Becomes easily distracted or has a short attention span leading to poor task performance on a frequent basis;

    1. Becomes impatient or demonstrates impulsive behaviors leading to poor task completion on a frequent basis; or

    2. Is unaware of negative consequences of decisions resulting in repeated poor task completion or frequent job loss.
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C3. Function: Self-Care (Independent Living Skills)

[REVISED: 7/1/08]

  1. Overall definition.
    The ability to manage self or living environment as it affects the individual’s ability to participate in training or work-related activities. Limitations may occur because of physical, cognitive, or emotional impairments and could extend to all tasks or only to specific tasks.

  2. Definition of serious functional limitation.
    A serious limitation in self-care exists when, due to a disability, any one of the following applies to the individual:
    1. Requires assistance from others to perform personal hygiene functions;

    1. Needs reinforcement or reminders to maintain appropriate personal hygiene;

    1. Requires assistance to dress;

    1. Requires assistance to feed self;

    1. Requires prompting or assistance to comply with medication management or medical treatment;

    1. Requires assistance with handling money or budgeting;

    1. Requires attendant care, assistive technology, or other devices to perform self-care; or

    1. Requires supports in order to live independently or cannot live independently.
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C4. Function: Interpersonal Skills

[REVISED:7/1/08]

  1. Overall definition.
    The individual’s ability to establish and maintain personal, family, and community relationships.

  2. Definition of a serious functional limitation.
    A serious limitation in interpersonal skills exists, when due to a disability, any one of the following applies to the individual:
    1. Exhibits significant social withdrawal that results in inability to prepare for or succeed in work;

    1. Exhibits inappropriate behavior that leads to poor personal relationships and frequent conflict with peers, supervisors and others;

    1. Has problems interpreting and responding appropriately to behavior and communication of others or fails to understand obvious social clues;

    1. Has difficulty understanding acceptable levels and types of interaction appropriate to the work site;

    2. Requires frequent intervention from teacher or supervisor to manage behavior;

    3. Exhibits personal behaviors that have led to frequent legal problems; or

    1. Experiences avoidance by others as a result deformity, disfigurement or disability related behavior.
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C5. Function: Communication

[REVISED: 7/1/08]

  1. Overall definition.
    The ability to effectively exchange information through words or concepts (writing, speaking, listening, sign language, or other adaptive methods). The emphasis is on limitations resulting from a disability-related communication difficulty, not from a communication problem resulting from a language or cultural difference.

  2. Definition of serious functional limitation.
    A serious limitation exists in communication, when due to a disability, any one of the following applies to the individual:
    1. Has severely impaired expressive or receptive communication, either oral or written;

    1. Has serious difficulty conversing without speech-reading, sign language, or other visual cues;

    2. Has difficulty engaging in telephone conversations even with amplification; or

    3. Is not readily understood by others on first contact
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C6. Function: Work Tolerance

[REVISED: 7/1/08]

  1. Overall definition.
    Capacity to perform effectively and efficiently jobs that require various levels of physical and/or psychological demand.

  2. Definition of serious functional limitation.
    A serious limitation exists in work tolerance, when due to a disability, any one of the following applies to the individual:
    1. Lacks the capacity or endurance to perform duties without modifications, adaptive technology, or accommodations not typically made for others;
    1. Lacks ability to perform at a consistent pace required to meet productions or quality standards;

    2. Requires frequent breaks to compose and organize self in order to maintain work; or

    3. Cannot tolerate sitting, standing, bending, or reaching to do a job which others without a disability could tolerate.
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C7. Function: Work Skills

[REVISED: 7/1/08]

  1. Overall definition.
    The ability to perform specific tasks required to carry out job functions, the capacity to benefit from training in the necessary skills, and the capacity to practice the work habits needed to stay employed.

  2. Definition of serious functional limitation.
    A serious limitation exists in work skills, when due to a disability, any one of the following applies to the individual:

    1. Requires more support or supervision to learn and perform a job than that required of persons of equivalent age, education training or experience;

    1. Requires rehabilitation technology, accommodations, or modifications to learn work skills; or

    1. Exhibits poor work habits such as problems with attendance, timeliness, and following instructions, etc. that results in a history of job loss.

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Links to the Code of Federal Regulations (CFR) are currently unavailable while we await federal changes to the vocational rehabilitation program. Upon promulgation of the final regulations the links will be updated and activated.