[blindlaw] O&M

[booboobuttken at bellsouth.net]

Thanks so much, Jim and Noel.  I have a much better understanding now of how
it works and how to proceed with it.  I appreciate your clarification on it
all!
Annette
----- Original Message -----
From: "McCarthy, Jim" <JMcCarthy at NFB.ORG>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, June 05, 2007 2:39 PM
Subject: Re: [blindlaw] O&M


> 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
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