RSA-227 for FY-2025: Submission #39

Provide some examples of some interesting cases during the past fiscal year. Disability Rights NJ represented a 33-year-old female resident of Essex County diagnosed with generalized anxiety disorder and learning disabilities to secure financial sponsorship from DVRS for a Master of Art in Education with a certification of Preschool-3. This credential is necessary for the client to obtain the necessary licensure to own and operate an early childhood center in New Jersey serving more than 30 children, which is the client’s self-employment goal. We reviewed the facts of the case and represented the client at a DVRS meeting to implement revisions to the client’s IPE that supported the client’s employment goal. DVRS agreed to develop an IPE that included financial sponsorship for the master’s degree based on the fee schedule for New Jersey's flagship state university; funding for the client to retake the Praxis test; and funding for books/supplies. These services were documented in an IPE which was signed by the client and DVRS.

Disability Rights NJ represented a 61-year-old male diagnosed with osteoarthritis and HIV in obtaining a passenger endorsement on his license to enable him to work as a paratransit driver. A review of documentation from the client's DVRS case file supported the client’s statement that although he had requested DVRS support for training to obtain a passenger endorsement permit on his license DVRS referred him for a Class-A CDL training. When the client passed the CDL training and asked DVRS for support to obtain a passenger endorsement on his license, DVRS ignored his request and amended the client’s IPE to include job search services for CDL positions despite the client informing DVRS he was unable to perform the physical demands of this occupation. We attended an in-person meeting with DVRS and the client and explained the lack of informed choice in the selection of the employment goal and requested DVRS develop an IPE with the goal of paratransit driver. DVRS agreed to this request and developed an IPE with financial support for the passenger endorsement training, medical tests and permit. Client passed the passenger endorsement training and is now looking for employment as a paratransit driver.

Disability Rights NJ represented a 68-year-old male diagnosed with congestive heart failure in securing the tools he needed for a job as a diesel mechanic. The client had a job offer contingent on the provision of work tools necessary for the job, however, client was concerned that the delays by DVRS in authorizing the tools would jeopardize the job offer. We provided the client with the contact information for the manager of the DVRS office and simultaneously entered a retainer agreement for fact finding. Shortly after we contacted DVRS they authorized the work tools the client needed. We then represented the client by reviewing the IPE developed by DVRS and by requesting that DVRS specify in the IPE the specific tools they were authorizing. DVRS implemented the requested changes in the IPE which the client and DVRS signed. The client received the work tools and is now working as a diesel mechanic.

Disability Rights NJ represented a 35-year-old female diagnosed with severe hearing impairment concerning access to replacement hearing aids. DVRS authorized hearing aids for the client several years earlier, however the client contacted DVRS when it became increasingly difficult to hear, and she lost her job as a home health aide. Prior to contacting CAP, DVRS informed the client the hearing aids were “in working order and adequate for her current needs.” We reviewed documentation from the client’s case file and requested DVRS authorize an audiological assessment. The assessment confirmed the hearing aids were not working and needed replacing. DVRS determined the hearing aids recommended by the audiologist were too expensive and requested the client be evaluated by an alternate vendor. We reviewed the report from the second vendor which made identical recommendations for replacement hearing aids. DVRS authorized the hearing aids which the client is utilizing.

Disability Rights NJ represented a 36-year-old female diagnosed with anxiety, neurological disorders, a traumatic brain injury and visual impairment concerning the need for additional services and a revised IPE. The client is pursuing a bachelor’s degree and wanted to change the employment goal on the IPE from biological technician to biomedical engineer. We ordered and reviewed documents from the client’s DVRS file which indicated DVRS had resisted providing the client with therapeutic and assistive technology services for over a year. We attended an in-person meeting with the client and requested DVRS implement revisions to the client’s IPE including a change of employment goal; an extension of the timeline for client to complete her bachelor’s degree; provision of vision therapy services recommended by the client’s doctor; and an updated assistive technology assessment. DVRS implemented the requested services to the IPE which DVRS and the client signed.

Disability Rights NJ represented a 21-year-old male diagnosed with quadriplegia concerning access to DVRS funding for a reinforced frame and power wheels for his manual wheelchair. The client, who attends a college located on steep terrain needed a manual wheelchair in addition to a power wheelchair because several campus buildings and temporary ramps were inaccessible due to the size and weight of the power wheelchair, and because the client had insufficient upper body strength to operate the manual wheelchair independently. The power wheelchair was paid for by the father’s employer-based insurer while the manual wheelchair was paid for by the client’s parents. When the private insurer denied the reinforced frame and power wheels for the manual wheelchair the client asked DVRS to fund the wheelchair parts. DVRS informed the client that prior to funding the wheelchair parts, he must file a claim through Medicaid, the client’s secondary insurer. The client had been advised by his wheelchair clinic that submitting a claim to Medicaid for the manual wheelchair parts would likely jeopardize the private insurer replacing the power wheelchair in 2026. We researched Medicaid law; spoke with Medicaid legal experts; consulted with the client’s wheelchair clinic; and a leading durable medical equipment provider. The information we obtained confirmed that if Medicaid approved the claim for the manual wheelchair parts, both the private insurer and Medicaid would designate the manual wheelchair as the primary wheelchair and deny a replacement power wheelchair. We wrote to DVRS and explained the outcome of our research. DVRS agreed to authorize funding for the manual wheelchair parts. The client is now able to ambulate independently around campus.

Disability Rights NJ represented a 33-year-old female diagnosed with bi-polar regarding access to financial sponsorship from DVRS to pursue a bachelor’s degree in graphic design. We reviewed documentation from the client’s DVRS file which confirmed for over a year the client had tried to access vocational training services from DVRS without success. In fact, DVRS developed an IPE with the employment goal of Human Resources which included zero services to help the client achieve the documented employment goal. We wrote to senior DVRS personnel and explained that the VR agency had failed to follow the federal regulations with respect to service delivery by not conducting a comprehensive assessment to determine the client’s rehabilitation needs; not documenting the specific rehabilitation services needed by the client to achieve the employment outcome on the IPE; and by not implementing informed choice at any point in the VR service delivery process. We requested DVRS provide services based on client’s interests, abilities, and informed choice and document these services in an amended IPE. We provided advice to the client ahead of a DVRS in-person meeting which we attended to discuss the vocational training client was seeking. After consulting with the client, we requested multiple revisions to the IPE to confirm that the client’s intent is to complete an associate degree in graphic design prior to transferring to a four-year college to complete a bachelor’s degree. DVRS implemented the requested revisions to the client’s IPE, who is now pursuing an associate degree in graphic design at her local community college.

Disability Rights NJ represented a 22-year-old male diagnosed with profound bilateral hearing loss and a mild intellectual disability by the parents and legal guardians concerning DVRS financial sponsorship for an associate degree. The client, who is an SSI recipient has attended a Comprehensive Transition Program (CTP) funded by the parents since Fall 2022 after DVRS denied financial support for the program. The client progressed from auditing classes at the CTP, to taking classes for credit with the employment objective of health technician. When DVRS refused to schedule an IPE meeting to discuss sponsorship for the associate degree, citing ongoing litigation by Disability Rights NJ for a denial of financial support for the CTP program, we represented the client by demanding that DVRS schedule an IPE meeting. We explained to DVRS that the litigation only concerned academic years 2022 – 2023 and 2023 – 2024, not 2024 – 2025, which is the academic year the client started taking classes for credit. Based on comparable funding from DDD for tuition payments, we requested DVRS provide funding for room and board charges at the CTP for the Fall 2024 and Spring 2025 semesters. DVRS agreed to the request and developed an IPE. We reviewed the IPE developed by DVRS to ensure the IPE clearly specified that DVRS would provide ongoing funding for the associate degree. We also requested revisions to the IPE to accurately reflect the date client expects to graduate. The client’s legal guardian forwarded documentation confirming the university had received payment from DVRS for the room and board charges for the Fall 2024 and Spring 2025 semesters.