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

Virginia (Disability Law Center of Virginia) - H161A180067 - FY2018

General Information

Designated Agency Identification

NamedisAbility Law Center of Virginia
Address1512 Willow Lawn Drive
Address Line 2Suite 100
Zip Code23230
Website Address
Toll-free Phone800-552-3962
Toll-free TTY

Operating Agency (if different from Designated Agency)

NamedisAbility Law Center of Virginia
Address1512 Willow Lawn Drive
Address Line 2Suite 100
Zip Code23230
Website Address
Toll-free Phone800-552-3962
Toll-free TTY

Additional Information

Name of CAP Director/CoordinatorColleen Miller
Person to contact regarding reportRobert Gray
Contact Person Phone804-225-2042

Part I. Non-case Services

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the vocational rehabilitation (VR) program35
2. Information regarding independent living programs1
3. Information regarding American Indian VR Service projects2
4. Information regarding Title I of the ADA24
5. Other information provided14
6. Information regarding CAP1,698
7. Total I&R services provided (Lines A1 through A6)1,774

B. Training Activities

Knowing Your Rights in the Sheltered Workshops

With the assistance of volunteers and our Protection and Advocacy for Individuals with Mental Illness (PAIMI) Council, dLCV educated employees at every existing 14(C) sheltered workshop on their employment rights and dLCV services available to them. dLCV discovered that the official listings of 14(C) employers were unreliable. We eventually verified 25 such employers. We then held one or more in-person presentations at 23 existing 14(C) employer locations and sent educational information to all 25. We distributed 1175 total information packets assembled with assistance with dLCV volunteers.

In all, dLCV successfully conducted at least 28 Presentations at 23 existing 14(C) employer locations, or 92% of the Sheltered Workshops and other 14(C) locations in Virginia. A total of 792 subminimum wage employees, family members, and others attended these presentations, and at least 29 requested further information or provided feedback.

School is in Session!

dLCV educated students, staff, and parents at 5 private colleges and universities across Virginia about vocational rehabilitation (VR) rights and services. The sessions covered a general overview of the agency, accessibility, and extensive education about the Client Assistance Program and how dLCV can help. Throughout the year, we reached 250 students, faculty, and staff at Randolph Macon, Roanoke College, Sweet Briar College, Hollins University, Bryant & Stratton, and Virginia Union University.

What’s Next?

dLCV presented to 15 individuals at the Virginia Psychiatric Rehabilitation Association annual conference about VR rights, transition, and other disability related topics. Many of the attendees, who were primarily consumers of mental health services, learned they can pursue competitive employment and resources exist to do so.

Planning for Adulthood

dLCV opened a project to train 5 advocacy groups or job clubs regarding VR rights and services, benefits planning and transition rights. dLCV presented to 575 transition aged youth, parents and advocates at 5 different groups about transition rights. Groups included Amelia Street School, the Arc South of the James, I'm Determined, affiliated with the Virginia Department of Education, the Youth Leadership Academy, affiliated with the Virginia Board for People with Disabilities, and Virginia Advocates United Leading Together.

1. Number of training sessions presented to community groups and public agencies.47
2. Number of individuals who attended these training sessions.1,698
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.

dLCV hired an Outreach Coordinator to specifically connect with the Hispanic Community in FY 18. This Coordinator educated 15 individuals from two Hispanic advocacy groups, Grupo Gaviotas in Chesterfield and Grupo Caminos in Richmond, about the dLCV and CAP program.

dLCV trained 21 volunteers about CAP to be knowledgeable when conducting presentations, outreach, and distributing CAP information across the Commonwealth. Volunteers completed outreach at a total of 20 community locations. We reached 164 case managers, job coach specialists, individuals with disabilities, advocates, and disability service providers.

dLCV used our volunteer core of over 50 individuals to attend fairs, conferences and other events to reach many across the Commonwealth as well.

dLCV continues close communication with all state DARS and DBVI offices to ensure their clients understand dLCV and the CAP program.

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.

dLCV promoted our agency on Richmond based Channel 6 local news multiple times during the year. dLCV was also featured in a radio talk show called ‘Raising the Bar’ on 820 AM out of Chester Virginia. We provided information about CAP and other dLCV programs to approximately 15,000 listeners.

1. Agency Staff Interviewed or Featured on Radio and TV5
2. Articles about CAP Featured in Newspaper/Magazine/Journals0
3. PSAs/Videos Aired about the CAP Agency0
4. Publications/Booklets/Brochures Disseminated by the Agency1309
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.18
6. Other (specify below)

E. Information Disseminated About Your Agency By External Media Coverage

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

There were 15 news articles across different media outlets about dLCV during the year. Although none specifically promoted the CAP program, they helped promote our agency as a whole.

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)14
2. Additional individuals who were served during the year55
3. Total individuals served (Lines A1+A2)69
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.)5
5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.)13

B. Problem areas

Multiple responses permitted.

1. Individual requests information2
2. Communication problems between individual and VR counselor10
3. Conflict about VR services to be provided34
4. Related to VR application/eligibility process20
5. Related to assignment to order of selection priority category0
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
7. Related to independent living services1
8. Other Rehabilitation Act-related problems0
9. Non-Rehabilitation Act related
  1. TANF
  3. Housing
  4. Other:
10. Related to Title I of the ADA6

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 Assistance13
2. Investigation/Monitoring10
3. Negotiation29
4. Mediation and other methods of Alternative Dispute Resolution1
5. Administrative / Informal Review7
6. Formal appeal / Fair Hearing1
7. Legal remedy / Litigation0
8. Total61

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 favor39
2. Some issues resolved in individual's favor (when there are multiple issues)11
3. CAP determines VR agency position/decision was appropriate for the individual3
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)1
5. Individual chose alternative representation0
6. Individual withdrew complaint4
7. Issue not resolved in clients favor1
8. CAP services not needed due to individual's death, relocation, etc.0
9. Individual not responsive/cooperative with CAP2
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 individual10
2. Application for services completed3
3. Eligibility determination expedited0
4. Individual participated in evaluation2
5. IPE developed/implemented/Services Provided3
6. Communication re-established between individual and other party19
7. Individual assigned to new counselor/office6
8. Alternative resources identified for individual8
9. ADA/504/EEO/OCR complaint made2
10. Other (Please explain below)0

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 1811
2. 19 - 2418
3. 25 - 408
4. 41 - 6426
5. 65 and over6
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)69

B. Gender

Multiple responses not permitted.

1. Females40
2. Males29
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)69

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)9
2. American Indian or Alaskan Native1
3. Asian3
4. Black or African American24
5. Native Hawaiian or Other Pacific Islander1
6. White23
7. Two or more races4
8. Race/ethnicity unknown4

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury0
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism0
6. Anxiety Disorder0
7. Autism Spectrum Disorder6
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)7
10. Other Visual Impairments (Not Blind)4
11. Cancer0
12. Cerebral Palsy4
13. Deafness2
14. Hard of Hearing/Hearing Impaired (Not Deaf)0
15. Deaf-Blind0
16. Diabetes0
17. Digestive Disorders0
18. Epilepsy1
19. Heart & Other Circulatory Conditions0
20. Intellectual Disability11
21. Mental Illness14
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment4
25. Neurological Disorders/Impairment1
26. Orthopedic Impairments4
27. Personality Disorders0
28. Respiratory Disorders/Impairment0
29. Skin Conditions0
30. Specific Learning Disabilities (SLD)5
31. Speech Impairments0
32. Spina Bifida0
33. Substance Abuse (Alcohol or Drugs)0
34. Other Disability2
35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.)69

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR9
2. Individual eligible for VR services currently on a wait list3
3. Individual eligible for VR services not currently on a wait list40
4. Applicant or individual eligible for Independent Living3
5. Transition student/High school student5
6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act11

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

We Are Watching.

dLCV assessed incident reports we received from Social Services, Adult Protective Services (APS) Division and from the Department for Behavioral Health and Developmental Services critical incident reports related to employment and denial of VR services. We received 12 reports during the year relating to falls, injuries on the job, client on client injury, and sexual abuse. All of the reports received related to sheltered workshop programs, and created a barrier for the client to work. dLCV opened 5 service requests to address specific concerns from these 12 reports. Corrective Action Plans to resolve the concerns included fall prevention plans, referrals to VR services and OT and PT specialists, and increased staff supervision. Although none of the Plans resulted in provider policy changes, these resolutions educated the providers about dLCV's involvement in protecting the rights of individuals with disabilities in sheltered workshop programs.

What’s Going On?

dLCV identified and investigated service delivery issues for individuals with developmental disabilities (DD) at vocational rehabilitation. We identified a need for education, training, specialized expertise working with the DD population, utilization of customized employment, as well as other adjustments in DARS service delivery. No significant increase in employability for persons with DD occurred in FY 18. However, as a result of the identification of barriers and implementation of DARS hiring new staff to specifically work with this population. Although no changes to policy and practice occured this fiscal year, to adapt to the need for education about how CAP can help educate DARS staff, dLCV initiated a new FY 19 project to provide a CAP webinar DARS staff across the Commonwealth. dLCV continues to monitor this issue and advocate for continued employment of individuals with DD.

Get in the Know.

dLCV investigated the adequacy of the DARS referral process for VR transition services. Clients from three DARS offices reported that the school referred them to DARS to apply for VR transition services, but DARS then referred them back to the school. We reached out to DARS in these districts and learned that they were aware that there was a lot of miscommunication regarding the referral process. dLCV shared the clients’ experiences and asked DARS to inform parents on how to apply for VR services and maintain and monitor consistent communication. dLCV is unaware of any policy changes regarding this outcome, however we implemented a new project in FY 19 to evaluate consistent information and referral practices of all DARS offices across the Commonwealth.

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.3
2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices.

B. Litigation


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) External-Protection and Advocacy agency
2. Name of designate agencydisAbility Law Center of Virginia
3. Is the designated agency contracting CAP services?No
4. If yes, name of contracting agency:N/A

B. Staff Employed

Provide a description of all CAP positions (see instructions)

dLCV utilized 36 advocates, attorneys, and support staff from all units to complete our CAP advocacy in FY 18.

As Virginia’s protection and advocacy system, we utilize multiple funding streams to complete our advocacy projects and casework.

Part VI. Case Examples

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

Help Me Learn.

Tabitha is a freshman at a large Virginia University and is a current Department for Aging and Rehabilitative Services (DARS) client. DARS failed to provide financial support for her education, as well as vital technology evaluation. dLCV represented Tabitha at mediation. dLCV argued that the lack of counseling and informed choice, failure to provide an appropriate IPE, and poor management of the case, led to an improper decision to deny funding. DARS conceded and agreed to pay the remaining $2500 tuition. DARS also agreed to a technology evaluation, in addition to transportation for counseling. Tabitha was able to stay in school and pursue her education.

Move Quick!

Christie needed DARS help to find a job. She contacted dLCV when she received a letter from DARS that they were going to prematurely close her case. dLCV moved swiftly and assisted Christie to stop the case closure. Within only one day, we set things straight, re-established communication and Christie’s case stayed open. She continues to move forward to find employment, thanks to a fast intervention.

I Need Information I Can Understand.

Tomas contacted dLCV to gain services from the Department for the Blind and Vision Impaired (DBVI). We learned that DBVI was not providing services in Tomas's native language, Swahili. dLCV successfully negotiated with DBVI to provide information to him in his native language. dLCV also connected DBVI with specific interpreter service and translation service options to use to communicate with Tomas effectively. DBVI also agreed to provide a qualified interpreter in Swahili when needed. DBVI can now assist Tomas to get the training and supports he needs to be a successful.

Let’s Get on the Same Page.

David contacted dLCV to request a new counselor. He is pursuing a specialized IT profession and is working towards certifications and trainings. David became frustrated with his DARS counselor’s tardiness and follow through when time to pay for tests. dLCV identified the source of the communication breakdown, negotiated a compromise and communication was restored. The counselor agreed to work on her tardiness and also put in place monthly meetings via phone and enrolled the David in a specialized program. This program provides insight on trends and trainings for the IT field. David can now pursue his career!

First Home, Then Work!

dLCV worked with a Jaida in desperate need of assistive technology from DBVI. As a result of our advocacy, DBVI provided her specialized software, touch outlets to ensure safety, a talking blood pressure monitor and a glucose monitor, tactile dots to mark things, a talking watch, liquid indicator, and a case transfer to the DBVI Richmond Regional Office. Now Jaida has the necessary supports she needs to have maximum independence and safety to prepare her to pursue employment opportunities.

I Need a Jump Start.

Jennifer contacted dLCV because she was unsure of the status of her VR case with DARS. We learned the case already closed and the appeal window passed to request that her VR case remain open. dLCV assisted her to get through the referral and application process for new services from DARS. The District Manager reopened the case and connected her with a Counselor right away. dLCV helped the client avoid months of waiting and service delay by breaking down walls to get her help.

Hear Me at Hearing.

dLCV represented Eliza, a woman with mental illness, to challenge closure of her DARS case. After DARS upheld her closure in an informal administrative review, dLCV requested mediation. DARS declined our request for mediation. dLCV then represented our client at a fair hearing. The hearing officer sided with DARS and ruled that DARS properly closed Eliza’s case. dLCV voiced our strong dissent and provided Eliza with a recount of our argument and a letter of support as part of her request for an administrative review by the Office of the Governor.


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 OfficialColleen Miller
Title of Designated Agency OfficialExecutive Director
Date Signed10/30/2018