Your Rights

It is very truly said that "If you don't know what your rights are, you have no rights." In the late 1990's a new policy within the Rehabilitation Services Administration mandated "Informed client choice" in Rehabilitation Services. Since that time, all state Rehab agencies have been required to adopt language ensuring that clients had both a choice in service providers, as well as receiving information from counselors about resources and alternative service providers.

In the past months, we at ATC have heard some troubling stories about counselors not sharing resource information, and even denying clients their federal and state right to participate more fully in their rehabilitation plan. In order to help people know just what their rights are in choosing a service provider, we have printed some excerpts from various Rehab publications below. Please note that these particular items are from California Rehab, but every state will have similar documents that you may request from your counselor.

1. Your counselor cannot tell you where you need to get training. You do not need to settle for a facility with limited knowledge in adaptive or mainstream technology--you have the right to demand better!

2. Your counselor cannot tell you what technologies you need to have, or where they have to come from. Identifying and purchasing technology is not the same as buying a Braille watch or a cane. Proper configuration and also support are at least equally important as the product itself. Additionally, local non-profit agencies who only know about a narrow range of technology cannot help identify a client's needs as well as professional technology evaluators. Know your local vendors and private sector providers, and demand that these be used if you wish it. The technology provided to you today may be the reason you keep or lose a job tomorrow.

Excerpts from the Document: “DOR Consumer Information Handbook”

You are the lead partner in developing your plan. You will have the opportunity to choose your employment goal and setting. You will also have the opportunity to choose the specific vocational rehabilitation services, providers and settings you need to reach your goal. You and your counselor will discuss methods you can use to obtain the needed services.

Counselor Responsibilities

Inform you of resources available to you and give you specific referrals as appropriate.

Give you information on your rights and remedies, including your right to appeal and your right to file a discrimination complaint.

Give you information on the Consumer Assistant Program (CAP) and how to contact CAP.

Client Assistance Program (CAP)

If you cannot achieve resolution to your concerns at the local level, CAP may help you request, prepare for and/or represent you at a mediation meeting, Administrative Review or a Fair Hearing.

The Following is an Excerpt from the latest revision of the State Rehab Plan as posted on the DOR website:

“DOR assures that applicants and eligible individuals exercise choice of service providers, including non-profit service providers. Consumers are also informed if the provider has experience in working with special disability populations, or possesses foreign language and communication skills. Eligible individuals have the opportunity to indicate choice of necessary services, choice of service providers, and choice of the setting which to receive services in the written Individualized Plans for Employment (IPE). To further assure consumers choice and the sharing of information about providers and the services they offer, the DOR Contract Unit has researched and gathered performance and evaluation data that is provided to local and state DOR administrators. This information can be used by consumers to expand their choices and by DOR staff to enhance contract-monitoring activities. “