RSA-227 - Annual Client Assistance Program (CAP) Report

Nebraska (NEBRASKA DEPT OF EDUCATION - CLIENT ASSISTANCE PROGRAM/DVR) - H161A180028 - FY2018

General Information

Designated Agency Identification

NameNebraska VR (Vocational Rehabilitation)
Address301 Centennial Mall South-6th Floor
Address Line 2Box 94987
CityLincoln
StateNebraska
Zip Code68509
E-mail Addresslindy.foley@nebraska.gov
Website Addresshttp://vr.nebraska.gov
Phone402.430.1689
TTY 402.471.3644
Toll-free Phone877.637.3422
Toll-free TTY877.637.3422
Fax402.471.0788

Operating Agency (if different from Designated Agency)

NameNebraska VR (Vocational Rehabilitation)
Address301 Centennial Mall South-6th Floor
Address Line 2Box 94987
CityLincoln
Zip Code68509
E-mail Addresslindy.foley@nebraska.gov
Website Addresshttp://vr.nebraska.gov
Phone402.430.1689
TTY402.471.3644
Toll-free Phone877.637.3422
Toll-free TTY877.637.3422
Fax402.471.0788

Additional Information

Name of CAP Director/CoordinatorJerry Bryan
Person to contact regarding reportJerry Bryan
Contact Person Phone402.417.3412

Part I. Non-case Services

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the vocational rehabilitation (VR) program32
2. Information regarding independent living programs0
3. Information regarding American Indian VR Service projects0
4. Information regarding Title I of the ADA7
5. Other information provided583
6. Information regarding CAP49
7. Total I&R services provided (Lines A1 through A6)671

B. Training Activities

Nebraska VR offices across the state; CAP/Hotline process & purpose, VR's responsibility; VR Staff and new staff.

Nebraska Commission for the Blind and Visually Impaired (NCBVI); CAP/Hotline process & purpose, NCBVI's responsibility; NCBVI Staff and new staff.

NCBVI Center; CAP/Hotline process & purpose, Center Clients.

Omaha Tribe VR; CAP/Hotline process & purpose; Omaha Tribe VR staff.

Brain Injury Resource Facilitators; CAP/Hotline process & purpose; Brain Injury Facilitators

Nebraska Department of Corrections Work Release Center; CAP/Hotline process & purpose; Correctional staff/Inmates.

Veteran & Family Task Force; CAP/Hotline process & purpose; Members of Task Force.

1. Number of training sessions presented to community groups and public agencies.17
2. Number of individuals who attended these training sessions.246
3. Describe training presented by the staff. Include the following information:
  1. topics covered
  2. purpose of the training
  3. description of the attendees

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities.

Every year CAP obtains a copy of the Nebraska VR and Nebraska Commission for the Blind and Visually Impaired's Outreach Plans. CAP takes this information and reaches out to these agencies, providing them information about the CAP/Hotline. Minority Outreach involved 65 letters mailed For unserved/underserved: Letters/Emails to over 100 agencies. CAP continues to work with the Traumatic Brain Injury Advisory Council, the Deaf and Hard of Hearing Committee and the State Independent Living Council.

D. Information Disseminated To The Public By Your Agency

For each method of dissemination, enter the total number of each method used by your agency during the reporting period to distribute information to the public. For publications/booklets/brochures (item 4), enter the total number of documents produced. Agencies should not include website hits. See instructions for details.

1. Agency Staff Interviewed or Featured on Radio and TV0
2. Articles about CAP Featured in Newspaper/Magazine/Journals5
3. PSAs/Videos Aired about the CAP Agency2
4. Publications/Booklets/Brochures Disseminated by the Agency1500
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.1
6. Other (specify below)0

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source.

Part II. Individual Case Services

A. Individuals served

An individual is counted only once during a fiscal year. Multiple counts are not permitted for Lines A1-A3.

1. Individuals who are still being served as of October 1 (carryover from prior year)4
2. Additional individuals who were served during the year23
3. Total individuals served (Lines A1+A2)27
4. Individuals (from Line A3) who had multiple case files opened/closed this year (In unusual situations, an individual may have more than one case file opened/closed during a fiscal year. This number is not added to the total in Line A3 above.)0
5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.)4

B. Problem areas

Multiple responses permitted.

1. Individual requests information0
2. Communication problems between individual and VR counselor16
3. Conflict about VR services to be provided16
4. Related to VR application/eligibility process1
5. Related to assignment to order of selection priority category2
6. Related to IPE development/implementation
  1. Selection of vendors for provision of VR services
  2. Selection of training, post-secondary education
  3. Selection of employment outcome
  4. Transition services
1
7. Related to independent living services1
8. Other Rehabilitation Act-related problems0
9. Non-Rehabilitation Act related
  1. TANF
  2. SSI/SSDI
  3. Housing
  4. Other:
0
10. Related to Title I of the ADA1

C. Intervention Strategies for closed cases

(Choose one primary service the CAP provided for each closed case file. There may be more case files than actual individuals served.)

1. Short Term Technical Assistance1
2. Investigation/Monitoring14
3. Negotiation4
4. Mediation and other methods of Alternative Dispute Resolution1
5. Administrative / Informal Review1
6. Formal appeal / Fair Hearing0
7. Legal remedy / Litigation0
8. Total21

D. Reasons for closing individuals' case files

(Choose one primary reason for closing each case file. There may be more case files than the total number of individuals served.)

1. All issues resolved in individual's favor11
2. Some issues resolved in individual's favor (when there are multiple issues)2
3. CAP determines VR agency position/decision was appropriate for the individual6
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)0
5. Individual chose alternative representation0
6. Individual withdrew complaint2
7. Issue not resolved in clients favor0
8. CAP services not needed due to individual's death, relocation, etc.0
9. Individual not responsive/cooperative with CAP0
10. CAP unable to take case due to lack of resources0
11. Conflict of interest0
12. Other (Please explain below)0

E. Results achieved for individuals

(Choose one primary outcome for each closed case file. There may be more case files than the total number of individuals served.)

1. Controlling law/policy explained to individual4
2. Application for services completed3
3. Eligibility determination expedited1
4. Individual participated in evaluation0
5. IPE developed/implemented/Services Provided1
6. Communication re-established between individual and other party8
7. Individual assigned to new counselor/office2
8. Alternative resources identified for individual0
9. ADA/504/EEO/OCR complaint made0
10. Other (Please explain below)0

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 180
2. 19 - 241
3. 25 - 408
4. 41 - 6415
5. 65 and over3
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)27

B. Gender

Multiple responses not permitted.

1. Females10
2. Males17
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)27

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)2
2. American Indian or Alaskan Native1
3. Asian1
4. Black or African American1
5. Native Hawaiian or Other Pacific Islander0
6. White22
7. Two or more races0
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury2
2. ADD/ADHD0
3. AIDS/HIV1
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism1
6. Anxiety Disorder2
7. Autism Spectrum Disorder0
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)2
10. Other Visual Impairments (Not Blind)0
11. Cancer1
12. Cerebral Palsy0
13. Deafness3
14. Hard of Hearing/Hearing Impaired (Not Deaf)0
15. Deaf-Blind0
16. Diabetes0
17. Digestive Disorders0
18. Epilepsy0
19. Heart & Other Circulatory Conditions1
20. Intellectual Disability1
21. Mental Illness4
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment3
25. Neurological Disorders/Impairment3
26. Orthopedic Impairments0
27. Personality Disorders0
28. Respiratory Disorders/Impairment0
29. Skin Conditions0
30. Specific Learning Disabilities (SLD)1
31. Speech Impairments0
32. Spina Bifida0
33. Substance Abuse (Alcohol or Drugs)1
34. Other Disability1
35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.)27

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR6
2. Individual eligible for VR services currently on a wait list2
3. Individual eligible for VR services not currently on a wait list17
4. Applicant or individual eligible for Independent Living1
5. Transition student/High school student1
6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act0

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

CAP discovered the back portion of the General VR application needed to provide better explanation of the client’s/applicant’s rights. The application presented the information in a smaller print, making it difficult to read and provided limited information regarding who could help the client/applicant develop an IPE plan, how a client/applicant can expect to be treated by General VR staff and how to access records from General VR. General VR agreed to these changes and revised the back portion of the application titled "Understanding Your Rights as an Applicant". By making these changes, the client/applicant can now clearly read their rights better due to larger print, understand who can help them create an IPE plan, how to access records from VR and a set of clear expectations as how they should be treated by General VR staff.

Previously, CAP had discovered General VR’s Order of Selection notification letters did not contain the Client Assistance Program information and the full appeal process procedure. CAP felt this information needed to be included and suggested a revision letter to include the CAP and full appeal information. General VR made changes to this directive and revised the OOS notification letters. The client now has access to this information in case they disagree and want a formal review concerning eligibility or priority group decision.

CAP now has a video available to increase awareness of CAP and how to access its services. As a result of this video, CAP has seen a decrease in complaints in this area and has made the appeal process less cumbersome.

1. Number of non-litigation systemic activities not involving individual representation that resulted in the change of one or more policy or practice of an agency.2
2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices.

B. Litigation

Nebraska CAP reported no litigation activities were conducted during FFY 2018.

1. Total number of CAP cases requiring litigation involving individual representation resulting in, or with the potential for, systemic change.
a. Number of cases requiring litigation involving individual representation filed during fiscal year.0
b. Number of on-going cases pending at start of fiscal year (carryover from prior fiscal year).0
c. Number of cases resolved through litigation during fiscal year.0
2. Describe the agency's on-going and completed systemic litigation activities involving individual representation.

Part V. Agency Information

A. Designated Agency

1. Agency Type (select only one option) Internal to the State VR agency
2. Name of designate agencyNebraska VR
3. Is the designated agency contracting CAP services?No
4. If yes, name of contracting agency:There are no contracting agency

B. Staff Employed

Provide a description of all CAP positions (see instructions)

Nebraska's CAP consists of one Program Director and one Program Specialist to assist the CAP Director. The CAP Director position is 100% of the year filled at 1.0 FTE. The Program Specialist position is 100% of the year filled at .75 FTE.

Part VI. Case Examples

Provide some examples of some interesting cases during the past fiscal year.

Initial complaint, client called indicating he was owed money for the vending machine program through the Nebraska Business Enterprise Program (NBE). Client reported he retired and has not received pay-out for merchandise and property. Client is complaining about the length of time it has taken to receive his money and is requesting help to re-establish communication. Outcome: Client stated recently he retired from Nebraska Business Enterprise Program and is currently waiting for payment of a coin machine, change in the vending machine along with stocked merchandise. Client reports it had been some time now and has not received payment owed to him. I was able to contact NBE Program Specialist, who indicated he completed working on an inventory list and submitted for payment. Staff also indicated this process usually takes approximately six weeks to complete, however he was able to complete it in a little over thirty days. Payment was made to the client, however; was not satisfied with the amount. Client requested NBE to re-calculate the figures again with additional information he was able to provide. Based off this new information, additional payments were made to the client to resolve his discrepancies with payments owed. Client is happy with this new total and feels he has resolved his concerns. Client has no further issues. All issues resolved in individual's favor.

Client called needing CAP to advocate for services with the League of Human Dignity. Client reports she is seeking paratransit transportation services and has not received a response in over a month. Client reports she was told she would be denied, however; this decision contradicts federal guidelines from the Department of Transportation policy. Outcome: Made contact with the Supervisor of the League of Human Dignity. I did inform her of the client’s concerns at which time she indicated originally, the client was told she would be denied as this is a service they do not offer to the blind community. League of Human Dignity, reconsidered its previous decision and agreed to send the client for an evaluation at Madonna for paratransit transportation services. The Client was given temporary access to paratransit transportation services awaiting the evaluation for a 21-day period. The client did receive a favorable evaluation from Madonna and was approved by The League of Human Dignity to receive permanent paratransit transportation services status. Client reports her issue have been fully resolved and has no other concerns. All issues resolved in individual's favor.

Certification

Reports are to be submitted to RSA within 90 days after the end of the fiscal year covered by this report. Please be reminded that you can enter data directly into RSA's website via the internet. Information on transmittal of the form is found on pages 19 and 20 of the reporting instructions.

Name of Designated Agency OfficialLindy Foley
Title of Designated Agency OfficialNebraska VR Director
Date Signed11/19/2018