Client Assistance Program
Orientation Guide

Materials available in accessible formats upon request

CAP is a program within the Advocacy Center for Persons with Disabilities, Inc. CAP is a federal formula grant program mandated under Section 112 of the Rehabilitation Act (see 29 U.S.C. § 732). We provide general information and referral (I&R) on the Rehabilitation Act and other disability related services as well as advice and I&R on Title I of the Americans with Disabilities (ADA). We can also assist applicants and clients understand their rights and responsibilities to receive vocational rehabilitation services. In addition, we also address systemic reform issues and have authority to investigate complaints regarding all programs, projects, or facilities funded under the Rehabilitation Act.

CAP Procedure

When you contact CAP, we will take an intake and send out a packet of information. Please keep in mind that the intake is intended to give us brief information on your concern and how we can best reach you. Intakes are assigned by the CAP Director, or his designee, to an investigator/advocate who will contact you to conduct an investigation into your concern or complaint. CAP then may negotiate, mediate and/or represent you in obtaining vocational rehabilitation services based on the individual facts and merits of your case. In order to maximize the best use of your and our time in working together to resolve your concerns, it would be helpful if you could outline the main points of your current case in preparing to discuss them with a CAP Advocate.

If you choose to address an issue with Vocational Rehabilitation Services (VRS) independent of CAP, we encourage you to read all the materials in this packet and to review our attached Fact Sheet on Steps in Self-Advocacy. Remember, you can always contact CAP for advice or technical assistance.

A few examples of common concerns and suggestions for self-advocacy:

If you have received a letter of denial of VR services you must follow the instructions on your denial decision letter from the VR agency to preserve your appeal rights. The names and addresses should be provided along with the timeframe you have to appeal.

You Must send a letter appealing the decision within 21 days of receipt of a letter from the Division of Vocational Rehabilitation or within 30 days from receipt of a letter from the Division of Blind Services.
You should attach a copy of the VR denial letter to your appeal request and you should request that your case stay open and that any services on your Individualized Plan for Employment (IPE) continue during your appeal.
The Client Assistance Program encourages you to request an Administrative Review (informal, internal appeal) as a first step in this process, although you have a right to request a Fair Hearing (formal, external appeal) and mediation.
Your written request for Administrative Review must be sent to the Area Director for DVR and for DBS must be sent to the Bureau Chief of Client Services in Tallahassee for assignment.
If you are requesting assistance from CAP for your appeal, please understand a thorough investigation will take time. We must have sufficient time to investigate the merit(s) of your complaint before we determine whether we will represent you.
You may defer scheduling of your VR appeal by contacting the VR agency and requesting a delay while we investigate your case or you can elect to proceed independently. We hope the materials in this packet assist you with your complaint and explain your rights as an applicant or eligible VR consumer.

Issues with Vocational Rehabilitation

Understanding the purpose of Vocational Rehabilitation (VR)

The primary purpose of VR is to assist individuals with disabilities to go to work. VR is not an entitlement program and you must be found eligible for services. VR is required to make an eligibility decision within 60 days of receiving your application for services unless you elect to give VR additional time. If VR does not find you eligible for services you have a right to challenge their decision or any other decision they make on an informal or formal basis.

VR’s responsibilities

VR has an obligation to fairly assess you for services, which may include various diagnostics such as testing, evaluations and assessments. Remember, you have the right to choose and can ask for a vendor list which may include doctors, medical professionals and many other types of vendors who are approved to accept VR fees. However, if you are receiving Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), VR should presume that you are eligible for VR services.

Change of counselor

You have a right to work with a counselor you feel comfortable with. If you are having a problem with your counselor, we encourage you to first alert your counselor to your concerns. It is possible that communication may be improved by discussing your concerns directly. If this is not possible, you should contact the VR supervisor to make a request for a counselor change.

Communication problems

Feel free to contact the counselor or supervisor and request scheduled appointments. You may want to ask that appointments be regularly scheduled at times that are both convenient to you and VR.

Denial of any service for an eligible VR participant or an applicant for VR services

We recommend that you do not settle for a verbal denial of any service you are requesting. Ask for a decision and the rationale on which it is based in writing. In this way, you have documentation of the agency’s position if you elect to challenge them. You will want to ask for a written copy of agency policy and procedure guidelines if you are advised by agency personnel that the service you are requesting is against VR policy and procedure. Do not accept agency personnel’s refusal of this request. You have a right to this information. Ask CAP for technical assistance if you have a problem.

Denial of specific training opportunity

Keep in mind, you have the right to appeal any denials you do not agree with. If you are an eligible VR participant, the VR agency should work with you as a partner to help you achieve a meaningful career commensurate with your abilities and capabilities under the Rehabilitation Act. VR is required to work with you regarding your right to choice. Remember, you have responsibilities and must actively participate as a full partner to achieve your vocational goals. This also means you should research and provide information that supports your request for educational services or training to achieve an employment goal, which should be consistent with your strengths, resources, priorities, concerns, abilities, and capabilities. Remember, the mutual goal of the VR agency and eligible VR participant is employment. Will the educational or vocational training you are requesting allow you to obtain an employment goal?

Working with CAP

Carefully consider all the services you will need to obtain an employment goal, which may include but is certainly not limited to transportation assistance, education and vocational training, tuition, books and fees, physical and mental restoration services, assistive technology, vehicle and home modifications, equipment, tools, uniforms, durable medical equipment, family care services, help to establish a small business, job placement services, job coaching/supported employment, etc. Services under the Rehabilitation Act can be customized to your individual needs in order to obtain employment. The development of the Individualized Plan for Employment (IPE) is your opportunity to make sure the full range services you may need are included.

We will attempt to call you within 4 business days of your contact with the CAP Program. If you request an investigation, we may interview the agency personnel involved in the dispute. We are a client-oriented program. However, we must objectively investigate the facts and merits of your concern and may send releases to request the VR and other case records. We may ask for conference calls with you and your counselor and, as necessary, utilize the agency chain of command and the appeals process to bring resolution to your concern.

A thorough investigation takes time and will require your active participation and cooperation. Once the case is resolved, we will be closing our file.

Confidentiality of your CAP record

CAP will not reveal any personal identifying information without the written consent of the client or a client’s designated representative (34 C.F.R. Section 370.48). If you have any questions please feel free to speak to your CAP representative.

Satisfaction survey

Upon the closure of each case, CAP sends out a satisfaction survey with a self addressed stamped envelope. Please take the time to fill this out. We value your feedback as we continuously work to improve our services.

Grievance Procedure

The Advocacy Center has a grievance procedure if you are dissatisfied with CAP services. Please feel free to ask for a copy or to discuss this with the advocate investigating your case.

Client Assistance Program Orientation Guide