R 395.61 Extended eligibility determinations and trial work experiences.

Rule 11. (1) Before an individual with a significant disability can be determined to be incapable of benefiting from services in terms of an employment outcome, MRS shall provide trial work experience. (2) The presumption of employability continues during trial work experiences and may be refuted only if MRS demonstrates by clear and convincing evidence that the individual cannot benefit from services in terms of an employment outcome. (3) During the trial work experience, MRS shall explore the individual's abilities, capabilities, and capacity to perform in work situations in the most integrated settings with appropriate supports except under limited circumstances when an individual cannot or is not ready to take advantage of such experiences. These circumstances include individuals who are medically unstable and require treatment to achieve stability and individuals whose disabilities are not treatable, remediable, or who are near death. (4) Trial work experiences must be of sufficient variety and over a sufficient period of time, and with appropriate supports, so that a MRS counselor may determine the eligibility of the individual or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the individual's disability. (5) A MRS counselor shall develop a trial work experience plan that includes identification of the services necessary to determine eligibility and the nature and scope of services required to achieve an employment outcome. (6) An individual, or the individual's representative, shall be a full and active participant in the development of the individual's trial work experience plan and in the selection of services and service providers and shall sign and be provided a copy of the written document. (7) A MRS counselor shall regularly and routinely evaluate the progress of individuals in trial work experiences toward achieving eligibility determinations. (8) A MRS counselor can make an eligibility determination at any time during a trial work experience.