Background
Information:
The Rehabilitation Act of 1973, as amended, requires
Rehabilitation Services (RS) to have an “appeal” procedure. In general, if you are unhappy with a
decision made by RS about your case, you have a right to:
1.
have someone else review that decision;
2.
ask for mediation, where an impartial third person
will work with you and RS to come to an agreement; and/or
3.
present
evidence, information and witnesses to an impartial hearing officer.
Notice
of Appeal Rights:
All applicants and clients must receive notice of
their appeal rights. The notice must be
in writing; be in the individual’s preferred mode of communication (i.e.:
foreign language, Braille, etc.); and tell the individual that the Client
Assistance Project (CAP) may be able to help him/her with the "appeal.
RS must notify all applicants and clients of their “appeal
rights” in the following circumstances:
1.
when an individual applies for RS services;
2.
when the client’s individualized plan for employment
(EP) is developed; and
3.
when
RS plans to suspend, reduce or stop vocational rehabilitation services.
If you appeal a decision that results in a change to
your EP, RS must continue the services about which you are appealing. These services must continue until a final
decision is made through the informal review, mediation or formal hearing
process unless you obtained those services through fraud, false misrepresentation
or some other criminal conduct.
Different Types of
Appeals:
If you are
unhappy with a decision made by RS, there are several different ways to handle
this problem. These different ways are
divided into three basic types: informal
review, mediation and formal hearing.
You do not have to pursue these alternatives in any particular order, i.e.; you do not have to use the
informal review or mediation processes before asking for a formal hearing.
A. Informal
Review Process:
1.
Supervisory
Review - - If you are unhappy with your counselor’s decision, you may ask
the counselor’s supervisor to review your case.
You may ask for a supervisory review in writing, in person or by
phone/TTY at any time.
a.
If you do not know the name or address of the
supervisor, you can call the main office in St. Paul and someone will be able
to give you this information. In the
metro area, you can call 651-296-5616 or 651-296-3900 (TTY); in Greater
Minnesota, call 1-800-328-9095 or 1-800-657-3973 (TTY).
2.
Program
Manager Review - - You also have the right to ask the Program Manager for Consumer
Services to review your case. Send your
request to:
Rehabilitation Services
332 Minnesota Street,
Suite E 200
St. Paul, Minnesota 55101
Or,
in the metro area, call: 651-296-9138 or
651-296-3900 (TTY); in Greater Minnesota, call 1-800-328-9095 or 1-800-657-3973
(TTY)
The
supervisor’s role will be to determine whether RS policy and rules have been
correctly applied to your case and if there is any compromise or other course
of action that will resolve your concern.
B. Mediation
Process:
Mediation is a
way to settle a dispute which:
1.
helps individuals and RS staff solve
disagreements about your needs and services; and
2.
uses a qualified,
impartial mediator to guide the participants towards a solution everyone agrees
to.
Mediation does
not take away your right to pursue administrative review or a formal
hearing. RS must pay for any mediator
fees or other expenses. The mediators
used for vocational rehabilitation mediation are coordinated by the Minnesota
Office of Dispute Resolution.
Either you or
RS can request mediation. Mediation is
entirely voluntary; all parties must agree to participate in order for a
mediation conference to take place. If
both you and RS agree to mediate, a Request for Mediation form must be signed
by the parties and sent to the VR Mediation Office. These forms are available
from your rehabilitation counselor.
Once mediation
is requested, the parties will be asked when they can meet and a mediator will
be assigned. Most mediation sessions can
be scheduled within 15-20 working days, and will last about a half-day.
You can bring
an advocate or representative with you to the mediation session. RS must bring someone who has the authority
to make decisions. Either party can also
bring persons who know what you need or who have specialized knowledge of the
issues in your case. The parties must
agree, however, on who can attend the mediation session.
The mediation
session itself will typically include an introduction, opportunity for both parties
to talk about the issues from their point of view, discussion of options for
resolution, and development of a written mediation agreement. If you and RS are able to come to an
agreement, the mediator will help you write it down and each party will receive
a copy.
C. Formal
Hearing Process:
1.
Formal
Hearing -- If you are unhappy with a decision made by RS on your case, you
can ask for a formal hearing. The formal
hearing, also known as a Fair Hearing, is like a judicial hearing, but it is
not a court trial. The hearing is
handled by an administrative law judge and is governed by the Administrative
Procedures Act.
You
must ask for a Fair Hearing in writing, within 120 days of the date you were
notified in writing of a counselor=s
decision. Your letter should be sent to:
Director
of Vocational Rehabilitation
Rehabilitation
Services
332
Minnesota Street,
Suite
E 200
St.
Paul, MN 55101
The
hearing must be held within 45 days of your request for a fair hearing. As with any stage in the informal review
process, you have the right to be represented by an advocate. You should know
that an attorney from the Attorney General’s office will represent RS at the
formal hearing. You have a right to
bring any information or witnesses that you think will be helpful to your
case. After the hearing is concluded,
the administrative law judge will issue a written decision.
2.
Commissioner’s
Review of ALJ's decision -- Within 20 days after
the written decision, either party may request that the Commissioner of the
Minnesota Department of Employment and Economic Development review the
administrative law judge’s decision. You
have the right to submit more information at this stage that you think might
help your case.
The
Commissioner cannot overturn the administrative law judge’s decision unless
there is “clear and convincing evidence” that the decision is “clearly
erroneous.” The Commissioner must make a
final decision in a timely manner. The
decision must be in writing and must include a full report of the findings and
grounds for the decision.
3.
Judicial
Review – Either party may bring a civil action in state or federal court
for review of the commissioner’s decision.
Civil lawsuits must be filed within
30 days of the final decision.
It is best to seek legal help for this kind of case as soon as
possible. Time deadlines are very strict
in these kinds of cases.
The Client Assistance Project (CAP):
If you are a
client or an applicant of RS, you can call CAP for help if you have questions,
concerns or complaints about RS. CAP
does not provide direct vocational rehabilitation services, such as education,
training or equipment.
In general, a
CAP advocate MAY be able to help you in any of the following ways:
1.
help you or advocate on your behalf to
obtain appropriate vocational rehabilitation services from RS;
2.
review and challenge eligibility decisions
made by RS;
3.
inform you of your rights and services
available under the Rehabilitation Act;
4.
advise you in developing an individualized
plan for employment; or
5.
advise or help you
in pursuing legal, administrative, or other appropriate remedies when a
determination has been made by CAP that your case has legal merit.
For more
information about CAP or to apply for CAP services, call 612-334-5970 (metro
area office); 1-800-292-4150 (statewide) or 612-332-4668 (TTY).
This fact sheet may be reproduced, if reproduced in its
entirety, with credit to the Minnesota Disability Law Center
Minnesota Disability Law Center
430 First Avenue North, Suite 300,
Minneapolis, MN 55401-1780
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