6A-25.006. Ability to Serve All Eligible Individuals and Order of Selection for Services

(1) In order to determine the level of significance of the individual’s disability, the division through a counselor shall identify:

(a) Severe impairments which seriously limit one or more functional capacities;

(b) The vocational rehabilitation services needed to address those impairments; and,

(c) An estimate of the time that services will be provided to reach an employment outcome.

(2) Eligible individuals will be selected by the division to receive vocational rehabilitation services in descending order of the following priority classifications.

(a) Criteria for Most Significant Disability (Category 1). An individual with a disability which:

1. Seriously limits three (3) or more functional capacities in terms of work;

2. Requires three (3) or more primary services;

3. Requires services to be provided over an extended period of time (at least twelve (12) months); and,

4. Is not likely to be corrected through surgical intervention and/or other treatment modes.

(b) Criteria for Significant Disability (Category 2). An individual with a disability which:

1. Seriously limits one (1) or two (2) functional capacities in terms of work;

2. Requires two (2) or more primary services;

3. Requires services to be provided over an extended period of time (at least six (6) months); or

4. The individual is a recipient of Social Security Disability Benefits (SSDI) or Supplemental Security Income (SSI) as a result of disability or blindness.

(c) Criteria for Individual with a Disability (Category 3). An individual with a disability which:

1. Does not seriously limit functional capacity in terms of work; or

2. Requires services that are expected to last less than six (6) months.

(3) Primary services. Primary services are major services that are necessary to prepare the eligible individual for employment. Primary services include counseling and guidance, training, treatment, and job placement, and more particularly, (a) physical restoration; (b) mental restoration; (c) supported employment; (d) extended services for supported employment; (e) employment services; (f) occupational licenses, tools, business equipment, and initial stock and supplies; (g) prosthetics and orthotics; (h) rehabilitation technology; (i) interpreter services; (j) self-employment; and (k) community-based work experiences. Primary services shall not include assessment services cited in the Individualized Plan for Employment (IPE). Each service, if provided alone, could reasonably be expected to directly benefit the individual in terms of an employment outcome.

(4) Functional Capacities. Limitations on the following functional capacities are used to determine the level of significance of disability. These limitations are derived from the individual’s impairments.

(a) Mobility means an individual’s physical access to his or her environment, either through his or her own ability (actions) or with the assistance of others. Mobility also includes transportation to and from a worksite. The functional capacity of mobility is seriously limited when the individual:

1. Due to disability, has no independent mobility and must use a mobility device (wheelchair, walker, scooter) or requires a personal care assistant;

2. Due to physical, cognitive or mental disability, is unable to independently drive, or arrange or use public transportation;

3. Due to disability, has limitation(s) in balance and gross motor coordination;

4. Due to disability, is unable to climb one flight of stairs or walk 100 yards without a pause;

5. Due to disability, is unable to lift, reach, carry, grasp objects, push or pull; or

6. Due to disability, requires rehabilitation engineering for home, vehicle, or work modifications.

(b) Communication means the individual’s ability to express himself or herself through speech and/or the ability to receive and process communication. The functional capacity of communication is seriously limited when the individual:

1. Due to disability, cannot communicate without hearing aids(s) and/or adaptive equipment, interpreter, e-mail, or relay services;

2. Due to disability, cannot speak or spoken language is unintelligible;

3. Due to disability, is unable to control inappropriate communication due to cognitive dysfunction or mental illness (may say bizarre things, hear voices, repeat self incessantly, and/or inappropriate comments); or

4. Due to disability, cannot focus, concentrate, or understand what is being communicated.

(c) Self-Care means the ability to conduct the essential activities of daily living unassisted by another individual. The functional capacity of self-care is seriously limited when the individual:

1. Due to disability, requires personal assistance with dressing, bathing, eating, toileting, grooming, preparing meals, transferring from bed to chair; or

2. Due to disability, requires supervision or personal assistance services with money management (banking, balancing a checkbook, or making change).

(d) Self-Direction means the capacity to organize structure and manage activities required to obtain and maintain employment. The functional capacity of self-direction is seriously limited when the individual:

1. Due to cognitive dysfunction or mental illness, requires ongoing prompts or assistance to understand and remember instructions;

2. Due to cognitive dysfunction or mental illness, requires ongoing prompts or assistance in the area of concentration and persistence to stay on task; or

3. Due to cognitive dysfunction or mental illness, requires customized technology to accommodate the lack of concentration, to remember instructions, or to understand instructions.

(e) Interpersonal Skills means the individual’s ability to interact in a socially acceptable manner at work with coworkers, supervisors, peers and the general public. The functional capacity of interpersonal skills is seriously limited when the individual:

1. Due to disability, does not accept instructions and does not respond appropriately to feedback from supervisors;

2. Due to disability, does not get along with coworkers or peers; or

3. Due to disability, does not maintain socially appropriate behavior at work based upon what would be normally accepted in a work environment.

(f) Work Tolerance means the ability to carry out tasks in an efficient and effective manner over a sustained period of time. The functional capacity of work tolerance is seriously limited when the individual:

1. Due to disability, is unable to carry out work tasks without the intervention of job coaching or natural supports to perform work activities;

2. Due to disability, is unable to sustain mental, cognitive or physical activities in a work environment without the use of individualized accommodation or customized rehabilitation technology; or

3. Due to disability, unable to work around certain substances or certain environments.

(g) Work Skills means the specific job skill required to learn and carry out work functions. The functional capacity of work skills is seriously limited when the individual:

1. Due to disability, is limited or unable to retain new information or new learning without assistance; or

2. Due to disability, can only learn work skills through constant repetition.

(5) Order of Selection. The order of selection permits immediate reclassification into a higher priority category when there is a change resulting in additional functional limitations that require additional primary services and/or length of time.

(6) Job Retention. An eligible individual who requires specific services or equipment to retain existing employment may receive such services or equipment regardless of their placement in one of the priority classifications set forth above.

Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Amended 10-18-18.