| (a) To be eligible for OIB, a customer must:
(1) be age 55 or older;
(2) be blind or have low vision or a significant visual
impairment, as defined in §853.1, of this subchapter (relating
to Definitions);
(3) be an individual for whom independent living goals
are feasible; and
(4) be present in Texas.
(b) Eligibility for blindness, low vision, or a significant
visual impairment is determined by OIB staff based on the documented
diagnosis of a licensed practitioner.
(c) Individuals shall establish eligibility through
existing data and information, including, but not limited to, medical
records and information used by the Social Security Administration.
The information may be obtained from the applicant, the applicant's
family members, or the applicant's representative. OIB staff may assist
in locating or obtaining existing documentation.
(d) The Agency shall substantively evaluate the documentation
and application to determine whether eligibility requirements are
met.
(e) OIB staff shall endeavor to make an eligibility
determination within 60 days from the time a completed and signed
application for services has been received. The eligibility determination
is conditional on the applicant's availability to complete the assessment
process, as set forth in §853.4(3) of this subchapter (relating
to Application). When an applicant is unavailable to complete such
assessment process in a timely manner due to unforeseen circumstances,
which may include, but are not limited to, medical conditions or hospitalizations,
the 60-day period shall be abated until the applicant is available
to complete the necessary assessment process to determine eligibility.
(f) Eligibility cannot be established unless and until
all required elements under subsection (a) of this section have been
completed and documented, including any assessment to establish eligibility.
(g) Eligibility requirements are applied without regard
to an individual's age, color, creed, gender, national origin, race,
religion, or length of time present in Texas.
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