The Client Assistance Program (CAP) is administered by the Montana Advocacy Program, Inc. (MAP), Montana’s protection and advocacy system. All of the programs at MAP, including CAP, protect and advocate for the rights of persons with disabilities. MAP has a central office in Helena and an office in Missoula. The Montana CAP is an external, independent program not located in or partnered with Montana Vocational Rehabilitation (MVR).

CAP was initiated and is funded under the Rehabilitation Act of 1973. Every state has a CAP. It is available to assist applicants, clients, and former clients of the Montana VR system. CAP provides information and referral services, advice and counseling, mediation and negotiation, representation at or assistance with administrative appeals and legal services. CAP also participates in systems advocacy activities and provides education and training presentations for persons with disabilities and other groups in the community. All of the services provided by CAP are intended to protect the rights of rehabilitation clients and applicants and to improve the Montana VR system. CAP assists rehabilitation applicants and clients in resolving grievances with Montana VR and stays current on issues that affect the lives of Montanans who have disabilities.

In addition, CAP provides information about how to access, understand, and exercise rights in the Montana VR system and employment rights under the Americans with Disabilities Act (ADA).

If you would like information about CAP, vocational rehabilitation, the ADA, or would like assistance to resolve a problem with your rehabilitation services, please feel free to contact CAP at the address and numbers listed below.

Montana Advocacy Program

400 North Park

P.O. Box 1681

Helena, Montana  59624

1-800-245-4743 (voice/TDD)

mailto:advocate@mtadv.org

This handbook was last published by Client Assistance Program in 1991. Many important changes in the Vocational Rehabilitation Act occurred in 1992 & 1998, when Congress re-authorized the Act with amendments. Many of the 1992 & 1998 amendments expanded the rights of Montana VR clients and applicants and the services available to them. This new edition of the CAP Handbook attempts to highlight some of the most important changes in the law and how those changes affect the Montana VR process. This handbook is not a full explanation of your rights or the Vocational Rehabilitation Act. For a fuller discussion of the amendments and their affect on Montana VR services, please call CAP and request a copy of our CAP Manual.

This handbook, provided to you by the Client Assistance Program, is an introduction to Montana VR and your rights under that system. It will explain many of the things you should know as a client or applicant of the Rehabilitative and/or Visual Services Divisions. With this information, you should be better able to take an active part in planning a rehabilitation program that best fits your needs. Keep this booklet handy and refer to it throughout your rehabilitation program. If you have questions which are not answered in this handbook, ask your vocational rehabilitation counselor (VR counselor) or call us at CAP. Your counselor should be ready, willing, and able to answer your questions. You may wish to record your VR counselor’s name and phone number for easy reference.

The Montana Vocational Rehabilitation Program is a program of the Montana Department of Public Health and Human Services Division. Montana VR serves people with disabilities who, because of their disability, cannot work, return to work, or maintain the work they had. Since Montana VR is an "eligibility program," a VR counselor is required to certify that you are eligible for services before training and support services can begin.

The Montana Vocational Rehabilitation Program serves people with physical, mental, or emotional disabilities who apply for services and are found eligible. There is a specialized program of Montana VR services called the Blind and Low Vision Services program. This program provides services to people who are experiencing impediments to work as a result of visual disabilities or blindness. You can reach this program by calling any of the Montana VR offices. If the office you call does not have a Blind and Low Vision Program counselor, the secretary will forward your message and a Montana VR Blind and Low Vision Counselor will call you back.

FIELD OFFICES

BILLINGS

2121 Rosebud Drive, Suite C

Billings, MT  59102

406-248-4801 (voice)

406-652-6046 (TDD)

406-652-1781 (fax)

1-888-279-7532 (toll free)

BOZEMAN

220 West Lamme, Suite 1E

Bozeman, MT  59715

406-587-0601

406-587-7863 (fax)

1-877-296-1759 (toll free)

BUTTE

East Entrance, Suite B

700 Casey Street

Butte, MT  59701

406-496-4925 (voice/TDD)

406-782-8728 (fax)

1-888-279-7531 (toll free)

GREAT FALLS

201 1st St. S. Ste. 2

Great Falls, MT  59405

406-454-6060

406-454-6084 (fax)

1-888-279-7527 (toll free)

HAVRE

125 Third Avenue, Suite D

Havre, MT  59501

406-265-6933

406-265-9271 (fax)

1-877-296-1294 (toll free)

HAMILTON

316 North 3rd, Suite 161

Hamilton, MT  59840

406-375-0203

406-363-7530 (fax)

HELENA

3075 North Montana Avenue, Room 106

P.O. Box 202957

Helena, MT  59620-2957

406-444-1710 (voice/TDD)

406-444-9659 (fax)

1-877-296-1757 (toll free)

KALISPELL

2282 Hwy 93 South

P.O. Box 2357

Kalispell, MT  59903

406-751-5940 (voice/TDD)

406-751-5944 (fax)

406-877-296-1760 (toll free)

MILES CITY

708 Palmer

P.O. Box 880

Miles City, MT  59301

406-232-0583 (voice/TDD)

406-232-0885 (fax)

1-877-296-1198 (toll free)

MISSOULA

1610 South 3rd West, Suite 110

Missoula, MT  59801

406-329-5400 (voice/TDD)

406-329-5420 (fax)

1-888-279-7528 (toll free)

WARM SPRINGS

Montana VR-Pintlar Bldg.

Drawer O

Warm Springs, MT  59756

406-693-7158

406-693-7165 (fax)

1-877-296-1724 (toll free)

The rehabilitation process involves a series of steps aimed at helping you to obtain a job based on your abilities. Each individual in the rehabilitation process has strengths and weaknesses. The Montana VR mission is to help you learn to live and work with your particular disability while maximizing your abilities and to help you achieve independence in, and integration into, Montana’s economic mainstream. For some people this may only take a short time. For others it may take much longer. Remember that your abilities and capabilities, your needs, your disability, your goals, and your rehabilitation program are unique to you.

VR counselors are the people who will help you during your rehabilitation process. You can expect your VR counselor to be a skilled professional in the area of understanding disabilities and how disabilities relate to employment. It is your VR counselor’s job to help you understand your strengths and weaknesses and how your disability effects the type of work you do or want to do. Their job is to help you understand the steps you and your employer or potential employer will need to take to accommodate your disability and maximize your abilities. You and your VR counselor will work together to fit your present and future abilities, your interests, job requirements, and job opportunities into an organized plan of services.

Your relationship with your VR counselor should ideally be one of mutual understanding and trust. Respect the education and experience of your VR counselor, but don't be afraid to disagree or ask questions if there is something you don't understand.

Be sure to let your VR counselor know what you want your rehabilitation program to accomplish. This is your rehabilitation plan. Your VR counselor is there to help establish a program to meet your needs and desires and help you get a job or return you to your former employment. Therefore, your input and participation are absolutely necessary. You have a right, and should be actively involved in the whole rehabilitation process. Real choices must be offered to you. Your VR counselor is there to listen to and consider your preferences in light of your present and future abilities. If you do not feel that such communication is taking place, you may call the Client Assistance Program for assistance. Your active involvement is essential for your rehabilitation plan to be successful.

If you think you have a disability that prevents you from getting or keeping suitable employment, you may apply for vocational rehabilitation services. Call and make an appointment with your nearest VR office. A VR counselor will discuss eligibility requirements and the rehabilitation process with you. The VR counselor can help you with the application process once you decide to apply. If you feel you need additional help, you may also call the Client Assistance Program.

The VR counselor will need to find out as much as possible about your medical, educational and vocational history and interests. If this is your first visit, bring in any records or documents that might be useful. This information will give the counselor a better understanding of the nature of your disability and will help determine what additional information is necessary to determine your eligibility. If existing medical or psychological records adequately document your disability, your VR counselor can make a determination without requiring any other evaluations or tests. Any relevant existing information about your disability will be used to determine eligibility. Therefore, it is important that you give your VR counselor any and all documentation of your disability. Documentation can be school records, relevant medical records, or on-the-job records. If you are eligible for services, you and the counselor will use this information to explore the services you will require to achieve your employment outcome, i.e. your work goal. You will be asked to fill out a financial statement listing your income, assets, and expenses. This statement is used to explore the extent of your financial need. Not all services provided by VR are free of charge.  (See Step 4 for this information.)

Once you apply, your records are kept confidential. Information about you is to be obtained and released only with your consent and only as it relates to your rehabilitation program.

To qualify for Montana VR services, you must be currently living in Montana. However, there is no requirement that you need to have lived here for a certain period of time before you can apply. Simply, you must live in Montana at the time you apply.

If you are told that you should not bother to apply because it does not appear that you would be eligible or if the VR counselor is uncertain whether you would qualify or if you are discouraged from applying when you think you might qualify, there are several things to consider. You must be given a chance to apply. If you do not apply, you have no right to appeal a decision not to assist you. If you think you need VR services, do not hesitate to apply even if you have been discouraged from doing so.

To apply, all that is needed is your signature with a note indicating your intent to apply for services. Montana VR must make a formal finding of eligibility based upon your written application and a written record of your disability. If you have been discouraged from applying, request that VR provide you with this information in writing. You may appeal only after a written denial is issued as discussed below.

If you feel you need additional help or feel you have been prevented or discouraged from applying for VR services, you may call the Client Assistance Program and request assistance.

The VR counselor will explain the appeals process to you if your application has been denied. If you are denied services you will receive a written notice stating you are found ineligible for VR services. Keep in mind that the initial decision is based on someone's professional judgment. If you do not agree, you have a right to have CAP or someone else look at the decision. If you are determined ineligible or you disagree with any other decision made in your case, you will need to know how to appeal those decisions. (Go to appeals for more information.)

The most basic requirements for eligibility are:

(1) you must have a physical or mental disability;

(2) the disability is a substantial impediment to employment, meaning it is keeping you from working;

(3) you need vocational rehabilitation services to become gainfully employed.

It is presumed that you can be gainfully employed after you get vocational rehabilitation services. (Also see information on extended evaluations.)

If you meet these requirements, you will be found eligible for further services. If you are eligible for social security benefits, you are presumed eligible for VR services.

Applicants with visual disabilities must meet the same eligibility criteria. If found ineligible, however, they may be eligible for the Visual Service Medical Program.

Once you have applied for services, if your VR counselor cannot make a determination of your eligibility based on existing documentation, she/he may request you have a diagnostic evaluation performed to determine if you are eligible. The VR counselor will ask you to make an appointment with a doctor of your choice. This examination, by specialists or psychologists, may be necessary to determine your eligibility and will be conducted at no cost to you.

In addition to medical and psychological examinations, your counselor may want you to undergo a vocational evaluation to determine your skills, abilities, capabilities and interests. The vocational evaluation can help show the types of jobs you might be good at and would enjoy doing. This evaluation may include counseling, paper and pencil tests, work sampling, on-the-job evaluation, and/or interviewing other workers in various fields.

VR must assist individuals in their exercise of "informed choice" throughout the VR process. All of the activities that are to be implemented must be consistent with the principles of respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers based on the informed choice of individuals with disabilities.

This includes in your individual assessment, the selection of an employment outcome, the specific VR services to be provided, the entity which will be providing those services, the method of procuring services and the setting in which services will be provided. You should be informed of providers in your area. You should be encouraged to choose the provider of your choice. If you are not aware of providers, ask your VR counselor about any information the agency may have regarding the services of providers in your area.

Once your VR counselor has a complete understanding of your case, he or she will decide if you are eligible. If the extended evaluation is not necessary, your VR counselor must determine your eligibility within 60 days of your initial application unless you and your VR counselor agree to extend the time period.

If your VR counselor thinks your disability is so severe that you would not benefit from VR services, you must be given a chance to show whether or not you can work. An extended evaluation should be offered to you for that purpose.

The law establishes a presumption that an individual can benefit in terms of an employment outcome from vocational rehabilitation ... unless the designated State unit can demonstrate by clear and convincing evidence that such individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.

Montana VR has the burden to demonstrate by clear and convincing evidence that the applicant with a disability is not eligible for VR services by showing that no employment outcome is possible for that individual. The bottom line is that the applicant is presumed to be able to work unless VR can unequivocally establish that you cannot work.

You may not qualify for VR services if you are capable of working at your level of ability and it is not a problem for you to work.

If you do not meet the eligibility criteria and Montana VR shows by clear and convincing evidence that you could not benefit in terms of employment outcome, by providing you with their services, you will be found ineligible for VR services. If you are found ineligible for services you should receive a written denial notice from VR. This written notice should detail your right to contest VR’s determination in what is called a "Fair Hearing." This denial notice will explain the process for requesting such a hearing. This letter will also set forth the reasons for which you were determined to be ineligible; including citations to the specific regulations supporting VR’s determination.

Once you are found eligible for services, your VR counselor will work with you to plan a program of rehabilitation services. This plan is called an "Individual Program for Employment" (IPE) or "your written program."

One exciting thing about your written program is that you can design your IPE yourself or with a friend. In addition, your VR counselor is an important and qualified resource that can assist you in the development of your IPE.

You must use the state VR format and if you do design your own plan outside of the VR office, you still must get your VR counselor’s approval and sign off.

The components of your program are to be explained to you in your native language or a mode of communication you can understand so that you know what you are responsible for doing and what your VR counselor is responsible for doing. You need to understand your program completely. Be sure to ask questions if there is something that is unclear to you. If you are deaf or have other individual communication needs, Montana VR must provide an interpreter or some other equally effective means of communication in order to accommodate your disability.

When you and your counselor have agreed upon your IPE, you will be given a copy. Keep your copy and refer to it often to ensure that you are aware of what is expected of you and what Montana VR will be doing to help you. It is very important that your choices are in your plan. Again, you may have a representative, like family member, guardian, friend, or CAP staff assist you in developing your IPE.

Under the law, you can change your written program at any time. You should contact your VR counselor regularly and let them know if you are having any problems with any services, your disability, or changes in your life (positive or negative) that could effect your participation in services.

You and your VR counselor must update your written plan as needed or at least once a year. This is important to keep services as up to date and on target with your plan as possible.

You will be asked to sign your plan and any change to your plan. If you are satisfied with your written plan, sign it. If you are not satisfied with your plan, do not sign. Neither you nor your VR counselor should sign the written plan until you are both satisfied.

If you are not satisfied, your VR counselor or CAP advocate will assist in resolving any disagreements so you can receive or continue to receive services. The law requires your plan to be signed by both you and your VR counselor before any services can begin.

Some of the services provided by VR are free of charge including: diagnostic evaluations (including transportation necessary for evaluation), guidance, counseling, instructional services for the visually impaired, and job placement.

Some of the services provided by VR will require your financial contribution. For these services, you will be required to contribute financially to the extent you are able. Medical insurance and educational grants are some examples of personal resources that might be available.

Vocational rehabilitation counseling and guidance will be provided to you by your VR counselor, without charge, throughout your entire program. Additionally, your CAP advocate offers assistance and guidance on your written program and other issues independently from Montana VR without charge.

Many jobs require specific training, including education at the technical school or university levels. The purpose of vocational training is to help you to acquire the skills you need to meet your employment objective (work goal). Therefore, be sure that you and your VR counselor have fully discussed what type of work you would enjoy and could be trained for successfully based upon your present and future abilities and capabilities.

Choosing your work goal is the most important decision your and your counselor will make during your rehabilitation program. While you are in training, regardless of whether it is at a trade or technical school, college or university, or on-the-job, you will be responsible for doing the best you possibly can and for keeping your VR counselor advised as to your progress by maintaining regular contact.

(3) Work Adjustment Training

It can be difficult to enter a new job, especially if you have never worked before, been out of work for a long time, or if an impediment to employment now requires you to change the type of work you have been used to doing. Work adjustment training is designed to help you adjust to your new situation and to help you gain more confidence in your abilities. It could even involve a discussion with your VR counselor regarding such things as adjustments to some personal habits that might not be appropriate in a particular field of work. If needed, your counselor may be able to provide work adjustment training.

If it is determined to be necessary, Montana VR may provide medical, surgical, or psychological treatment to reduce or remove an impediment to employability.

Montana VR may fund some assistive technologies to assist persons with disabilities in accessing and maintaining employment. The term "rehabilitation technology" which is used in the law today encompasses both the term "assistive technology" and the old term "rehabilitation engineering."

Assistive technology devices include... any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of individuals with disabilities.

Assistive technology services include any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistance technology device. Such services can be quite encompassing and may include such things as:

(a) The evaluation of the needs of a person with a disability, including a functional evaluation of the person in the person’s customary environment;

(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by persons with disabilities;

(c) Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e) Training or technical assistance for a person with a disability or, if appropriate, that person’s family; and

 

(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of persons with disabilities.

These definitions are very broad and encompass a vast array of potential devices and services, including devices and services that Montana VR must utilize to gain a fair assessment of an individual’s ability to benefit from VR services, even before determining whether that individual is eligible for services. Additionally, Montana VR has a responsibility to assess your assistive technology needs in the application and implementation of the rehabilitation process and build those into your written program. If applicable to you, your IPE must contain a statement of the specific rehabilitation technology services you need to successfully achieve both short and long term rehabilitation goals.

Some examples of assistive technology devices and services include wheelchairs, hearing aids, artificial limbs, glasses, augmentative communication devices, home and vehicle modifications, speech therapy, physical therapy, and services to those clients with hearing or visual disabilities can be provided if they will improve your ability to live or work independently.

Supported employment means competitive work in an integrated work setting for a person with a severe disability who is in need of assistance in order to become employed or remain employed. It includes assessment, placement preparation, job development, job placement, job skills training and support services including periodic training at the work site. Support services can also include such things as transportation, direction, and assistance in functional skills and counseling for family members. Supported employment is now seen as a goal and preferred alternative to the more segregated "sheltered workshop" for individuals with severe disabilities. You may be eligible for supported employment if you have a severe disability and would require intensive supported employment services or extended services to achieve employment.

Personal assistance services (PAS) are important to persons with disabilities and especially individuals with severe disabilities who are trying to enter or maintain competitive employment. Personal assistance services include a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services need to be designed to increase the individual’s control in life and ability to perform everyday activities on or off the job. Where appropriate, your IPE should include a statement of the specific on-the-job and related personal assistance services to be provided to you, and any training in managing, supervising, and directing personal assistance services to be provided to the individual.

Transition services are services needed by a student for the student to be able to make a smooth transition from high school to working in the community, attending post secondary education, or vocational training, or performing other post school activities. Students and their family members should be aware of this broad provision when they apply for VR services. Transition services are defined as ... a coordinated set of activities for a student designed within an outcome-oriented process, that promotes movement from school to post school activities, including post secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.

The coordinated set of activities shall be based upon the individual student’s needs, taking into account the student’s preferences and interest, and shall include instruction, community experiences, the development of employment and other post school adult living objectives, and when appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services should promote or facilitate accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives.

Montana VR has a responsibility to coordinate with the schools to ensure that any student who needs transition services can obtain them. This requires coordination with the schools on any individualized education program (IEP) for students with disabilities.

In special circumstances based on financial need, financial assistance may be provided as a supplement to other rehabilitation services for those additional costs incurred by training.

Depending on your particular situation, Montana VR might help you with expenses for training and vocational materials, licenses, or other services as needed, that might be necessary to help you complete training or that might be used on the job. Other services such as independent living services are available, depending on your situation.

Once you have completed the services necessary to help you achieve your vocational outcome, you should be able to begin working. You and your VR counselor will have made plans to conduct a job search. This process is called placement. Your counselor and others experienced in placement can give you ideas and advice on filling out applications and how to present yourself at interviews. In addition, your counselor may have current information on job openings or can suggest other sources that might also have such information.

Matching your abilities with particular job requirements can take a lot of time and effort on your part. Your VR counselor can help, but he or she cannot do it all. As with all of your rehabilitation program, the more responsibility you take in looking for a job, the better your chances for success will be.

Once you begin working, your counselor should check with you and your new employer to see if you are both satisfied. After ninety (90) days of successful employment, you and your counselor will discuss closing your case. You might want to ask your counselor about post-employment services that are available to assist you in maintaining or regaining successful employment.

If you agree with your VR counselor that your case should be closed because you do not need any additional VR services, your VR counselor will inform you in writing that she/he is closing your case. She/he will also inform you that you can re-apply to Montana VR for services if your situation changes or you are not capable of maintaining your job because of changes in your disability or development of a new one.

It is your responsibility to keep your appointments and to be on time or to inform the office if you cannot keep the appointment or if you need to reschedule for another time. Even if there are no problems, you should keep in touch with your VR counselor regularly. You should report to your VR counselor as soon as possible any changes in your situation, such as a change of address, telephone number, medical condition, financial condition, or new employment. Even if you are not sure that you will be able to keep the job, let your counselor know you are working because he or she might be able to help you hold the job.

It is your responsibility to participate in the development of your IPE. The only way to make it the best possible program is for you to let your counselor know what you want to accomplish. You should listen closely to your VR counselor, ask questions to make sure you understand, and explain your goals as completely and in as much detail as possible. If you think changes should be made in your IPE, discuss these changes and your reasons with your counselor.

If recommendations are written into the signed IPE, it is up to you to follow through with these recommendations or to contest the recommendations with your VR counselor before signing your IPE. Note that it is important to understand your responsibilities on your IPE. Be sure to clarify what items on your IPE are recommendations and what items are requirements or conditions for you to continue to receive Montana VR services.

The IPE contains you and your counselor’s performance expectations. It is a binding agreement. If you do not agree or do not understand it, do not sign it. Make sure you understand before you sign, even if it takes longer. If you have questions or conflicts over this, you may call a CAP advocate.

Although many clients and applicants qualify for VR services free of charge, if your assets and/or income are above a fixed amount, Montana VR will require you to help pay for your rehabilitation to the best of your ability and/or to make every effort to locate "similar benefits." Similar benefits are additional sources of funding which might be able to help pay for your rehabilitation. It can include such things as Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), public assistance (welfare), Medicaid and Medicare, private insurance, educational grants and scholarships. You cannot be required to take out a loan to pay for VR services. Your counselor will discuss each of these with you and help you, if necessary, to get additional funding.

Whether in training or on the job, it is your responsibility to do the best you can. For example, if you are in academic training, your counselor will need to see your grades at the end of each quarter or semester. To continue receiving further training, you must maintain the grade average you agreed upon with your counselor.

As a client or client applicant of Montana VR, you should know and understand your rights as they relate to the VR process. The rights that you enjoy as a client come mainly from four sources: the Rehabilitation Act, the ADA, the Montana Human Rights Act, and the U.S. Constitution. Some of these basic rights include:

Services of Montana VR are provided on a non-discriminatory basis without regard to race, color, creed, sex, age, national origin, marital status, religion, or disability. If you feel you have been discriminated against on the basis of any of the standards above, contact CAP immediately.

The law presumes that you are able to benefit in terms of employability. The burden is on Montana VR if it determines you ineligible because you have a disability that is too severe to benefit or that your disability is not severe enough.

Montana VR has a responsibility to serving its clients as well as it possibly can. Your comments, suggestions, and criticism are necessary so that the program can constantly improve delivery of services. You have a right to be offered real and adequate choices in VR training, services and placement.

All information that is given to Montana VR by you or by someone who has examined you may only be used for your rehabilitation. Montana VR counselor may not give your personal information to anyone unless you have given written permission by signing a release of information form. There are exceptions to this rule. Information can be shared within the rehabilitation program when there are periodic case file reviews done to ensure the best quality of service; with auditors; for public safety reasons; if you are receiving Social Security benefits, information my be shared by VR and Social Security about your situation. Your VR counselor will give you a leaflet that explains in greater detail the exceptions. If you still have questions, call CAP.

In general, you have the right to see the information in your case file if you sign a release of information form. There might be some information your counselor feels he or she should not release directly to you for one reason or another. For example, the VR counselor might choose not to allow you to see a particular medical or psychological reports at the recommendation of the author. In such circumstances, you have the right to have such information released to a psychologist, family member, guardian, advocate or another who has the power to share that information with you. The Montana Health Care Information Act also governs the release of records . If you wish to see your records, you will need to make a request to your VR counselor or consult directly with the person who wrote the report.

Most people go through the rehabilitation process without experiencing serious difficulties with Montana VR. However, if you encounter a problem, you should discuss it first with your VR counselor. If you cannot resolve the problem with your counselor, you should seek help from the Client Assistance Program at 1-800-245-4743 to assist you through the appeals process.

You have the right to appeal any adverse decisions affecting your status at Montana VR, whether you are a client or an applicant. An adverse action is any determination made by the VR concerning eligibility for, termination from, or the selection and delivery of services delivered by VR. There are several steps in the appeals process.

An appeal is your request to have a decision made by the Montana VR counselor reconsidered. Almost always that decision is called an "adverse decision." While adverse decisions sometimes must be made by an Montana VR counselor, if you feel the decision was made without important information, or perhaps unfairly and not in line with the agency’s promises, you can request that the adverse decision be appealed.

Usually conversation is considered informal and written documents are considered formal. This is not to say that we are not bound by what we say, but many times misunderstandings between consumers and Montana VR counselors can be resolved informally through conversation. Montana VR calls this "conciliation." Often times consumers ask the CAP advocates to help them articulate their position and interests. Montana VR counselors may call into the conciliation meeting another staff member who has a fresh perspective. This informal meeting can often solve disagreements in a timely manner.

You are not required to try conciliation. You may ask for CAP’s services for mediation or request the services from another mediator at no cost to you. You may waive the informal appeal and request a Fair Hearing. To formally appeal you must write a request to the Department of Public Health and Human Services Office of Fair Hearings. If you need assistance writing that request, an Montana VR staff member will do that for you, or a CAP advocate can also assist you. From the day the Office of Fair Hearings receives your request, Montana VR has 45 days to conduct a fair hearing. You must be in agreement before time extensions can be approved on the 45 days. The Office of Fair Hearings will assign an Impartial Hearings Officer to your appeal. This assignment will be done randomly unless you have specific concerns regarding who is hearing your case. In that event, Montana VR and you will negotiate a mutually acceptable Hearings Officer. Your request for a fair hearing should be mailed to:

You may prepare your own presentation for a Fair Hearing. You also may request assistance from the Client Assistance Program or from any private or public advocacy source. Often people do request help for the formal appeal. Within the 45 day limit two events will occur:

1. The Impartial Hearings Officer will order Montana VR to conduct an Administrative Review upon receipt of your request for an appeal. You may ask that this review be waived, however if you do not, Montana VR must conduct the review. The purpose of an Administrative Review is to help both you and the Montana VR counselor get organized for the Fair Hearing. The review will be facilitated by Montana VR staff member not directly involved in your case and both the counselor and you (and representative) will be given assistance in organizing their arguments and evidence in preparation for the Fair Hearing. Often times this formal review leads to settlements which then end the appeal. If a settlement is not reached the Fair Hearing is scheduled.

2. Fair Hearings can be conducted over the phone or in person. If you don’t want a phone hearing, you may request a Fair Hearing in person. Within 30 days of the Hearing the Fair Hearings Officer must submit a written decision to you and the agency.

The Client Assistant Program is available to assist you with appeals. Call them with your questions.

(7) Discrimination Complaints

In addition to all of the above, if you believe that a decision was made for an unlawful, discriminatory reason because of your sex, race, color, age, religion, marital status, political beliefs, or disability, you may file a complaint with the Montana Human Rights Commission, 1625 11th Ave., P.O. Box 1728, Helena, MT  59624-1728, (406) 444-2884. Such a complaint must be filed within 180 days of the discriminatory action. If the complaint is due to discrimination on the basis of your disability, you may also seek legal representation from the Protection and Advocacy for Individual Rights Program (PAIR) at Montana Advocacy Program as well.

If you have any questions about the application or eligibility process with Montana VR, we encourage you to contact your VR counselor or the Vocational Rehabilitation office nearest you.  (Go to VR addresses.)

You may also write, e-mail, or call the Client Assistance Program advocate. We hope that you find this information worthwhile.