(a) The Vocational Rehabilitation Division (VRD) bases eligibility for vocational rehabilitation (VR) services on the following requirements only.
(b) Within 60 days of application, a VR counselor must:
  (1) determine that the applicant has a physical or mental impairment;
  (2) determine that the impairment constitutes or results in a substantial impediment to employment for the applicant;
  (3) establish that the applicant requires VR services to prepare for, secure, retain, advance in, or regain employment that is consistent with the applicant's unique 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 in trial work that the applicant is incapable of achieving an employment outcome because of the severity of the applicant's disability.
(c) Social Security disability recipients and beneficiaries are presumed eligible for VR services unless there is a demonstration by clear and convincing evidence in trial work that the applicant is incapable of achieving an employment outcome because of the severity of the applicant's disability.
(d) Eligibility or ineligibility must be determined no later than 60 days after the applicant, or the applicant's representative, as appropriate, has signed and submitted an application for VR services in accordance with the provisions of §856.19 of this subchapter (relating to Application).
(e) Exceptions to the 60-day time frame for determining eligibility or ineligibility may occur only when:
  (1) VRD notifies the applicant that unforeseen circumstances beyond the control of VRD preclude it from completing the determination in 60 days;
  (2) the applicant, or the applicant's representative, as appropriate, agrees to a specific extension of time; or
  (3) VRD requires further time exploring an applicant's abilities, capabilities, and capacity to perform in work situations through trial work.
(f) Eligibility must be determined before applying Subchapter F of this chapter (relating to Methods of Administration of Vocational Rehabilitation), if appropriate, and Subchapter D of this chapter (relating to Customer Participation).

Source Note: The provisions of this §856.20 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective November 8, 2017, 42 TexReg 6195; amended to be effective December 26, 2022, 47 TexReg 8740