(a) To establish an applicant's eligibility for vocational rehabilitation services, DBS must:
  (1) determine that the applicant has a visual impairment;
  (2) determine that the applicant's visual impairment constitutes or results in a substantial impediment to employment for the applicant;
  (3) establish that the applicant requires vocational rehabilitation (VR) services to prepare for, enter, engage in, or retain gainful employment consistent with the applicant's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and
  (4) presume that the applicant is capable of achieving an employment outcome, unless there is a demonstration by clear and convincing evidence that the applicant is incapable of achieving an employment outcome because of the severity of the applicant's disability.
(b) When DBS has received appropriate evidence that the applicant is eligible for benefits under Titles II or XVI of the Social Security Act because of blindness and the applicant has indicated a willingness to work, DBS presumes that the applicant meets the basic eligibility requirements in subsection (a) of this section.

Source Note: The provisions of this §106.309 adopted to be effective December 10, 2012, 37 TexReg 9644