Comparable Services and Benefits

Synopsis of Federal Regulation

Prior to providing any vocational rehabilitation (VR) services to an eligible individual, or to members of the individual's family, Rehabilitation Services (RS) shall determine whether comparable services and benefits exist under any other program and whether those services and benefits are available to the individual.

If comparable services or benefits exist and are available to the eligible client at the time needed to achieve the rehabilitation objectives in the individual’s Individualized Plan for Employment (IPE), RS shall use those comparable services or benefits to meet, in whole or in part, the cost of vocational rehabilitation services.

If comparable services or benefits exist under any other program, but are not available to the client at the time needed to satisfy the rehabilitation objectives in the individual’s IPE, RS shall provide VR services until those comparable services and benefits become available.

Exceptions: The following services are exempt from a determination of the availability of comparable services and benefits:

1. Assessment for determining eligibility and priority for services.
   Assessment for determining VR needs.
   
2. VR counseling, guidance, and referral services.
   
3. Vocational and other training services, such as personal and vocational adjustment training, books (including alternative format books accessible by computer and taped books), tools, and other training materials. Exception: No training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes or hospital schools of nursing) may be paid for with VR funds unless maximum efforts have been made by RS and the client to secure grant assistance in whole or in part from other sources to pay for that training.
   Reference: §361.48(a)(6)
   
4. Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services.
   
5. Rehabilitation technology.
   
6. Post-employment services consisting of the six services listed above.

It is not necessary to complete a search for comparable benefits if the determination of the availability of comparable services and benefits under any other program would interrupt or delay:

• The progress of the individual toward achieving the employment outcome described in the IPE.
  
• An immediate job placement.
  
• The provision of VR services to any individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional.

  Reference: §361.53

RS Policy

Services that are exempt from a comparable benefits search may still be subject to the RS Economic Need policy.

Effective Date: January 17, 2001