RSA-227 for FY-2020: Submission #1139

Wisconsin
09/30/2020
General Information
Designated Agency Identification
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
PO Box 8911
Madison
Wisconsin
53708
608-224-5071
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1-800-362-1290
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Operating Agency (if different from Designated Agency)
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Additional Information
Deb Henderson-Guenther
Deb Henderson-Guenther
608-224-5071
deb.hendersonguenther@wisconsin.gov
Part I. Non-case Services
A. Information and Referral Services (I&R)
160
4
0
2
33
8
207
B. Training Activities
5
136
Training entitled: Topics & Issues Relative to Resolution of Disputes Between DVR Counselors & Consumers. Purpose: to identify the history and background regarding the rehabilitation act; identify the purpose and role of the CAP in relationship to the rehabilitation act; understand the difference between a CAP information and referral call and a CAP case; understand the advocacy tools used by the CAP to resolve disputes in the State Vocational Rehabilitation Program; and identify the differences between individual vs. systemic advocacy. Attendees: Private rehabilitation practitioners, State Vocational Rehabilitation Counselors and students in the vocational rehabilitation training program.

Training entitled: Introduction to CAP. This training was provided twice in FFY 20. Once in December of 2019 and again in August of 2020. Purpose of this training is to provide the history of the Rehabilitation Act, CAP's purpose and the role CAP can play in the VR process. This training is provided to all new vocational rehabilitation staff during the DSU's Comprehensive New Staff Training. Attendees were VR counselors, VR specialists, a VR supervisor and VR financial specialists.

Training entitled: The Role of CAP. The purpose of this training was to provide information to members of the Wisconsin Rehabilitation Council and guests. Attendees were council members, VR staff including the VR administrator and other VR bureau directors and the public.

Training entitled: Client Assistance Program Overview: Provided a description of CAP and who CAP serves. The presentation also included the role advocacy can play in the VR process and the importance of planning in relationship to developing the IPE. Purpose: to provide information about CAP to attendees at the 2020 Employment First Conference. Attendees were service providers, direct service professionals, funders, people with disabilities, families and others who support people with disabilities to achieve community employment.



C. Agency Outreach
CAP is aware of the importance of outreach to unserved and underserved individuals. One of CAP's strategic goals for 2020 was to participate in at least 3 outreach activities in FFY 2020. The goal was not met due to COVID-19 restrictions. The Department of Agriculture, Trade and Consumer Protection (DATCP) does send out a monthly newsletter to the 11 tribal nations in Wisconsin. The April newsletter contained a write-up about CAP.
D. Information Disseminated To The Public By Your Agency
0
0
0
12
0
0
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E. Information Disseminated About Your Agency By External Media Coverage
N/A
Part II. Individual Case Services
A. Individuals served
21
38
59
1
14
B. Problem areas
41
28
42
1
3
31
0
2
C. Intervention Strategies for closed cases
1
19
8
0
18
0
46
D. Reasons for closing individuals' case files
12
10
5
0
0
2
10
1
6
0
0
0
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E. Results achieved for individuals
23
0
0
3
12
4
1
3
0
0
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Part III. Program Data
A. Age
0
6
17
32
4
59
B. Gender
34
25
59
C. Race/ethnicity of Individuals Served
0
1
0
14
0
40
3
1
D. Primary disabling condition of individuals served
3
0
1
0
0
0
6
0
2
3
0
2
0
2
1
0
0
0
0
3
12
1
1
5
1
6
0
1
0
6
0
0
0
3
59
E. Types of Individuals Served
3
2
54
0
1
0
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
2
The CAP Director has been collaborating with the Department of Agriculture, Trade and Consumer Protection's (DATCP) last 4 Department Secretaries to try and impact the vocational rehabilitation's existing business policy. This policy has significantly impacted the number of farmers the Designated State Unit (DSU) has served. Historically the DSU has served 80-100 farmers with disabilities each FFY. Due to the policy implementation in 2016, that number has decreased to approximately 10 farmers. At the request of the DATCP secretary, the DSU sought and was provided RSA guidance on the subject of an industry's prevailing wage . RSA indicated that if the industry's prevailing wage is not minimum wage or above, that a lower hourly wage could be used. This has prompted the DSU to re-assess their existing business policy.

In June of 2020, the DSU proposed a Comprehensive Transition Program (CTP) Guidance Document that implied that four (4) conditions must be met before the DSU would consider supporting a CTP for individuals with intellectual or developmental disabilities. The CAP director shared that in September of 2019, the United States Department of Education released a Question and Answer (Q&A) Document entitled “Increasing Postsecondary Opportunities and Success for Students and Youth with Disabilities". One of the topics covered in the Q & A addressed “the opportunity for students and youth with disabilities to enroll in comprehensive transition and other postsecondary programs for individuals with disabilities after leaving high school.” The DSU's proposed guidance did not seem to align with the spirit and intent of the Department of Education’s desire to increase postsecondary opportunities for students and youth with disabilities. The CTP guidance language was revised and the 4 must conditions were removed.

B. Litigation
0
0
0
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Part V. Agency Information
A. Designated Agency
External-other public agency
Department of Agriculture, Trade and Consumer Protection
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B. Staff Employed
Full-Time 100% 1 Client Assistance Program Director Position for FFY 20.

Full-Time 100% 1 CAP Advocate Position that was filled from 10/1/19-1/8/20. The recruitment was started and interviews were to take place in mid-March but then COVID occurred. The recruitment for the position is on hold at this time.
Part VI. Case Examples
Case Examples
30 year old male with lower extremity amputation, brain injury, mental illness (anxiety, depression, and bi-polar disorder), and post-traumatic stress disorder contacted CAP for assistance in understanding and navigating the VR process. The client had applied for VR services in the hopes of receiving some assistive technology equipment that would assist him in increasing his work capacity and to safely perform the chores he was performing on his partner's farm. The client was receiving a paycheck from the farm operation for the 2-3 hours a week he was able to assist his significant other around her beef, pig and sheep farm. Shortly before the client and his significant other contacted CAP, the client had become frustrated with the DSU and he had instructed the counselor to close his case. Following an informal administrative review, the case was re-opened. After the case was re-opened, client and his significant other had a lot of questions surrounding paid work and the possible impact of wages on the client's social security benefits and other benefits he was receiving. In addition, the client was struggling to understand how and when the DSU provides services. CAP explained the possibility of having someone be the client's VR representative. CAP provided information on this role to the client and his partner. The client and his partner agreed that the partner should be designated as his VR representative. The form for this designation was completed and provided to the DSU. To address the concerns about the impact of wages on the client's benefits, CAP also advocated for a benefit analysis. This analysis was provided and based on the information from the report, the client decided that he did not wish to pursue any additional paid employment at that time.

23 year old client with learning disabilities contacted CAP for assistance in determining if the DSU was correct in denying her exception request for training grant monies for her post-secondary education. The client was attending college and in her senior year. Her family has had ongoing struggles with contributing the entire family contribution amount identified on the DSU training grant form. Mom is disabled and receiving social security disability benefits. CAP worked with the client and her mother to appeal the denial of any funding by the school's financial aid office. The 2019-2020 financial aid award is calculated on a parents' 2017 taxes. The family was able to demonstrate that they had over $5,000 in medical expenses in 2016 and 2017. The client was awarded some financial aid monies through the financial aid appeal. After that money was awarded, CAP submitted an exception on behalf of the client to obtain some training grant funding through the DSU. The exception request was approved and the client was awarded some training grant monies through the DSU.

29 year old male with muscular dystrophy contacted CAP for assistance in determining if the DSU's decision to abruptly terminate paying for his personal care services was correct. The DSU had agreed to fund these services for the 90 day follow-along and then the agreement was that if the job was stable, then the funding for these services would be transferred to the long-term care provider. The client was receiving personal care services (eating, toileting, trachea suctioning, setting up and organizing his work for the day, etc.) services in order to retain his full-time job. Following a meeting with the DSU representative, the long-term care provider and other service providers, an agreement was reached. The DSU agreed that they would continue to fund the client's personal care assistance services for the 90 day retention period as initially agreed upon.

Certification
Approved
Deb Henderson-Guenther
Deb Henderson-Guenther
2020-12-28
OMB Notice

OMB Control Number: 1820-0528, approved for use through 07/31/2023

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 16 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain a benefit (Section 13 of the Rehabilitation Act, as amended). Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to U.S. Department of Education, Washington, D.C. 20202-4537 or email ICDocketMgr@ed.gov and reference the OMB Control Number 1820-0528. Note: Please do not return the completed form to this address.