[blindlaw] O&M

[McCarthy, Jim]

Annette,
The services you describe are certainly the sort that vocational
rehabilitation agencies must offer.  The facts you have given are not
sufficient to know why the services were not provided.  Nevertheless, I
will take a shot.  The three categories you mention, children, elderly
and working age adults are funded by three different sources.  Adults
are funded through title 1 of the rehabilitation Act.  The total
available to all states is 2.83 billion dollars for the 2007 fiscal
year, from October 1 2006 through September 30 2007.  This is allocated
to the several states based on a complicated population formula and
there is a state/federal match.  States must get 21.3% to capture the
remaining 78.7% of federal dollars.  Often, states fail to do so and for
each state dollar short, that is $3 federal dollars not captured.  If a
person's category is closed because of an order of selection, that is a
legal reason for a person not to be served as quickly as he might want
or even need.  Having said this there are regularly errors made on order
of selection issues.  It is possible that the counselor stalled for time
in the usual bureaucratic way of government hoping that if there were
enough hoops the person would go away.  That is not permissible, but
unless someone questions it, nothing happens.  If this person was
working, post employment services could be provided with the goal of
maintaining  employment.

As for the job placement services, these are services the law says
vocational rehabilitation must provide.  Having said that though, if
someone has access to job resources n the internet, perhaps counselors
try to avoid providing those services.  Note that the Client Assistance
Program (CAP) is available to consumers of services who have grievances
about those services and all clients of vr are to receive information
about CAP.  Though I could say more, others may have comments to add to
this discussion, one that is all too familiar to many blind people.
Jim McCarthy 

When there are more people eligible for services than there are funds to
serve them, states discourage people from seeking service.  The legal
way to do this is to establish and "order of selection."  This is a
prioritizing with those having the most significant disabilities being
served first.  The law requires a systematic means of implementing this
order of selection.  Generally, blind people will be among the earlier
served individuals because of the significance of blindness without
services.  It is possible though that someone who has sight but is
losing it may be lower down the list than someone who has no sight, but
this will be expressed in the state plan required by the federal law.



-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of booboobuttken at bellsouth.net
Sent: Monday, June 04, 2007 3:31 PM
To: NFBnet Blind Law Mailing List
Subject: [blindlaw] O&M

Does anyone know what services a state must provide for a blind person
if they receive federal funding?  I know someone in Ga. that had to quit
working because of deteriorating sight and the state is denying him O&M
and like services because of his age (32).  They told him they only have
funding for services to the elderly and children.  The state department
of Labor has also told me that they do not give services such as job
placement and referrals to someone that they feel can market themselves.
If the state is supposed to give services such as these, and receives
federal funding, what federal agency would someone have to contact if
denied services?  Thanks for any info!
Annette