| (a) To establish an applicant's eligibility for vocational
rehabilitation services, DBS must:
(1) determine that the applicant has a visual impairment;
(2) determine that the applicant's visual impairment
constitutes or results in a substantial impediment to employment for
the applicant;
(3) establish that the applicant requires vocational
rehabilitation (VR) services to prepare for, enter, engage in, or
retain gainful employment consistent with the applicant's strengths,
resources, priorities, concerns, abilities, capabilities, interests,
and informed choice; and
(4) presume that the applicant is capable of achieving
an employment outcome, unless there is a demonstration by clear and
convincing evidence that the applicant is incapable of achieving an
employment outcome because of the severity of the applicant's disability.
(b) When DBS has received appropriate evidence that
the applicant is eligible for benefits under Titles II or XVI of the
Social Security Act because of blindness and the applicant has indicated
a willingness to work, DBS presumes that the applicant meets the basic
eligibility requirements in subsection (a) of this section.
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