| (a) Trial work is used only to determine whether an
applicant with a significant disability is capable of achieving an
employment outcome.
(b) VRD provides only the vocational rehabilitation
services necessary to determine if the applicant is capable of achieving
an employment outcome. Services are provided in the most integrated
setting possible, consistent with the informed choice of the applicant.
(c) VRD may terminate trial work services when:
(1) there is sufficient evidence to conclude that the
applicant can achieve an employment outcome;
(2) the applicant is found ineligible for any additional
vocational rehabilitation services on the basis of clear and convincing
evidence that the applicant cannot be expected to benefit in terms
of an employment outcome from vocational rehabilitation services;
or
(3) the applicant is unavailable for services.
(d) When an applicant is determined ineligible for
vocational rehabilitation services after trial work, VRD conducts
a periodic review at least annually of the ineligibility decision
in which the applicant is afforded a clear opportunity for full consultation
in the reconsideration of the decision. A periodic review is not required
when the applicant has refused services, the applicant has refused
a periodic review, the applicant is no longer present in the state,
the applicant's whereabouts are unknown, or the applicant's medical
condition is rapidly progressive or terminal.
|
| Source Note: The provisions of this §856.22 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective November 8, 2017, 42 TexReg 6195 |
