R 395.62 Presumption of eligibility for recipients of social security disability benefits.

Rule 12. (1) All of the following apply to individuals who are recipients of social security disability benefits, based on a disability: (a) Considered to be an individual with a significant disability. (b) Presumed to be eligible for vocational rehabilitation services, provided the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, unless the vocational rehabilitation counselor can demonstrate, by clear and convincing evidence, that the individual is incapable of benefiting due to the severity of the disability of the individual. (c) Once an individual has been informed of the employment nature of the program, the completion of a MRS application for services must be considered as intent to achieve an employment outcome. (2) For an individual desiring to enter the workforce who is entitled to benefits under Title II or XVI of the social security act, 42 USC 401 to 434 and 1381 to 1383f, on the basis of a disability or blindness, the designated state unit shall provide to that individual general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning. (3) The MRS counselor shall make an eligibility determination for recipients of social security disability benefits no later than 60 days after the date of application unless the individual’s ability to benefit is in question and a trial work experience plan is developed.