CAP or the Client Assistance Program
This guide is available in Braille, audio tape, and computer disc.
This guide was produced by the Client Assistance Program (CAP) of the Protection and Advocacy System, Inc. in Albuquerque, New Mexico. Portions of this guide were based on a previous CAP guide written by Jamie McAlister.
Permission is granted to reproduce all or part of the contents of this manual for training or educational purposes, provided that credit is given to CAP and the Protection and Advocacy System.
CAP receives federal funds from the U.S. Department of Education. However,
the opinions expressed herein do not necessarily reflect the policy or position
of the U.S. Department of Education and no official endorsement by the Department
should be inferred.
Eric Dibner is an access specialist located in Santa Fe, NM.
1993 Protection and Advocacy System, Inc.
To access the DVR manual of Operating Procedures click here.
TABLE OF CONTENTS
1. HOW TO USE THIS GUIDE . . . . . . . . . . .
. . . . . .
2. THE CLIENT ASSISTANCE PROGRAM . . . . . . . . . . . . .
3. BE YOUR OWN ADVOCATE . . . . . . . . . . . . . . . . .
4. WHAT ARE VOCATIONAL REHABILITATION AND INDEPENDENT LIVING SERVICES?
5. SERVICES FROM THE DIVISION OF VOCATIONAL REHABILITATION AND THE COMMISSION
FOR THE BLIND Eligibility . . . . . . .
A Road Map of the Rehabilitation Process . . . . . . . . .
Cost of Services . . . . . . . . . . . . . . . . . . . . .
How the Process Works . . . . . . . . . . . . . . . . . .
Special Programs . . . . . . . . . . . . . . . . . . . . .
Projects with Industry . . . . . . . . . . . . . . . . . .
6. SUCCESS WITH YOUR COUNSELOR . . . . . . . . . . . . . .
7. THE APPEALS PROCESS . . . . . . . . . . . . . . . . . .
8. CENTERS INDEPENDENT LIVING . . . . . . . . . . . . . .
9. DIRECTORY OF PHONE NUMBERS AND ADDRESSES . . . . .
1. HOW TO USE THIS GUIDE
CAP developed this guide to assist people. It is a resource for people who
have disabilities, their families, and their advocates. The guide describes
some of the programs, rules, methods, and standards for getting rehabilitation
and independent living services.
The last chapter, Chapter 8, lists the programs that this guide covers,
with their phone numbers and addresses. The rest of this manual explains
exactly what those programs and services are and how to be a self-advocate
so you can get the services.
If you want to know what CAP does, read Chapter 2, "The Client Assistance
Program."
If you need to learn about or improve self-advocacy skills, read Chapter
3, called "Be Your Own Advocate." When you are ready to do advocacy
for yourself, you should study how the programs work.
If you want to understand how the programs work, study Chapter 4 through
Chapter 8 in the section called "Step by Step through the System."
You can follow the step-by-step process to locate the part of the program
where it is best to apply your skills. If you want to know about the appeals
process, read Chapter 7.
If this manual is successful, people who read it will understand the process
of getting services. The process is how the programs work. Getting information
about program services and resources is a skill that you can use in the
future with any program.
2. CLIENT ASSISTANCE
PROGRAM
What is CAP?
The Client Assistance Program (CAP) helps persons with disabilities who
have concerns about agencies in New Mexico that provide vocational rehabilitation
or independent living services. The type of help may be information or it
may be advocacy.
When a person has a question or a problem with DVR, the Commission for the
Blind, an Independent Living Center, or Projects with Industry, then CAP
can help. CAP can also give information about other programs that provide
services.
Who can get CAP services?
Information is available to anyone with a disability in New Mexico.
Help with a rehabilitation agency or independent living center
is available to people who are having problems with the rehabilitation agency
or the independent living center. You must be a client of the agency or
program, or you must want to become a client.
You have the right to talk with a CAP advocate about your rehabilitation
problem. CAP may have a service that will help. Any person with a disability
can ask CAP about other programs that can help. If CAP can help you with
a problem, the CAP advocate will work with you.
What programs does CAP cover?
CAP was set up by the Rehabilitation Act of 1973, as amended, to protect
your rights. This law sets rules for deciding who can get rehabilitation
services and what your rights and responsibilities are. The six agencies
in New Mexico that get federal money through the Rehabilitation Act are
the programs that CAP covers. Those programs are:
Division of Vocational Rehabilitation Commission for the Blind
Projects With Industry
New Vistas Independent Living Center
Southern New Mexico Center for Independent Living
Independent Living Resource Center
CAP does not cover every type of program that provides services to people
who have disabilities. Some of the programs that CAP does not cover are
Medicaid, Medicare, Social Security, Special Education, and Fair Housing.
Even if it does not cover a program, CAP may be able to give you information
about other programs.
What help does CAP offer?
Information about agencies and programs that help people
Information about rehabilitation agencies and independent living programs
and how to get services from them
Teaching persons with disabilities how to be self-advocates
Help solving problems between rehabilitation agencies and their clients
Acting for clients during the appeals process
Acting for clients of rehabilitation agencies in court.
One of CAP's most important services is teaching you how to be your own
advocate. To learn more about how to be an advocate for yourself, study
the next chapter.
How can I get CAP help?
Simply telephone or write us.
Call 1-800-432-4682 (voice and TDD) toll-free in New Mexico, or call
256-3100 (voice and TDD) in Albuquerque. A Protection and Advocacy
staff person will take your information, fill out some forms, and then will
tell you how CAP can help. Our mailing address is:
Protection and Advocacy System
Client Assistance Program
1720 Louisiana Blvd., NE
Suite 204
Albuquerque, NM 87110
All CAP services are free.
All activities of the Client Assistance Program are conducted without regard
to race, color, religion, sex, age, national origin, disability, or sexual
orientation.
3. BE YOUR OWN ADVOCATE
Self-advocacy is the same as speaking up for yourself. The best way to learn
to be your own advocate is to practice. You are the best person to speak
for yourself, so you should learn the basic skills for success and how to
use them.
ADVOCACY SKILLS
define what you need
know what your rights are
know your responsibilities
know the "system" and the procedures keep good records
Learning how to be a good advocate for yourself requires knowing what you
need and how to get it. Knowing how to get it means learning the rules of
a service system and who the key people are.
Key rules are the rules of the program that tell what you must do to get
what you need
from the services the program provides.
Key people are the people who will help you and who can make the decisions.
Once you learn these keys you can use them in any service system. Self-advocacy
is a skill that will have life-long value. Each service- delivery system
differs from other systems, but the skills of using the systems are very
similar. Once you learn the basic skills of self- advocacy, you can figure
out the process for getting what you need.
Know what you need
There is a difference between what you want and what you need. The first
step in self-advocacy is to know what you need. It may help you to
write a list of those needs. It is also important to know what things an
agency can do for you. Then, you will know how the agency may be able to
help you. Then, you can set goals that are realistic for what you need.
Know your rights
You have the right --
to apply for services
to be treated with courtesy and respect
to see your file and to get a copy of your file
to have your records kept confidential
to ask for a new counselor
to understand why your counselor makes decisions
to appeal any decision you do not agree with
to ask CAP for help
When you are a client of the Commission for the Blind or DVR, you also have
the right --
to choose the job that is best for you
to get the help you need to get the job you want
Know your responsibilities
Responsibilities are things you must do yourself. If you do not act responsibly,
the agency may not be able to help you. For example, you should be courteous
toward your counselor, just as you expect courtesy from him or her. You
have a right to disagree, but you have a responsibility to talk in a polite
manner.
One important responsibility is keeping appointments. You and the counselor,
together, are a team. You must meet when you say you will. If you cannot
keep an appointment, call the counselor ahead of time and reschedule your
appointment for as soon as possible. Calling ahead of time is a common courtesy
and a sign of responsibility. Keeping appointments is so important that
a counselor may close your case if you neglect to meet when you say you
will.
Other responsibilities --
give the counselor information to honestly explain your situation
help your counselor understand the reasons for your decisions
follow through on what you say you will do
Your counselor is not a mind-reader and will not know what you need if you
do not tell him or her the true situation. Provide all the necessary medical
or other reports that may help explain your disability. Let the counselor
know what is happening in your life. Explain your decisions so the counselor
understands your motivation. Sometimes, it is hard to explain, but your
counselor needs to know how you feel and why you do things your way.
Follow-through means keeping to the plan and keeping promises. Follow your
plan and you will reach the goals that you set. Sometimes, achieving a goal
requires persistence. If you do what you say you will, you have an ability
that employers value highly.
You must be responsible be sure your needs are met. You need to understand
whether each decision makes sense for reaching your goals. A good self-advocate
asks questions. If the counselor asks you questions or has ideas that do
not seem to make sense, ask the counselor what the question or idea means,
so that you understand. When you know what the counselor thinks, you will
be able to work together better.
Keep records
Keep track of information. Keeping records means keeping the information
somewhere other than in your mind. Write the information down on paper and
keep it filed where you can find it. The record will help you remember what
happened and will also help if you and your counselor do not agree about
what happened. Good records will help you prove what you remember.
Good records are --
a complete description of what happened
accurate and understandable
easy to find when you need them
What records should be kept?
Phone calls -- Write down the date, the phone number, and who you talked
with. Write down what the call was about. Keep a written record of any agreements.
Letters -- Keep all letters from your rehabilitation agency. Keep copies
of every letter you send to the agency.
Meetings -- When you meet with your counselor, write down the date and what
you and the counselor decided.
Personal -- Keep a copy of all medical and psychological reports, work evaluations,
and transcripts you give your counselor. Maintain your own records of work
history, skills, and education so you are ready to tell employers about
yourself.
Keep these records together in the same place. To keep them in order, use
a notebook or file folders.
Other Self-Advocacy Skills
1. Be an active participant in decision-making that affects you.
2. Set goals that are realistic for what you need to achieve. 3. Get the
information you need about solutions and alternatives. 4. Have a realistic
idea of who you are and what your resources are.
5. Listen and speak to the issue.
6. Be clear about emotional aspects, since the way a person feels can affect
how decisions are made.
STEP BY STEP
THROUGH
THE SYSTEM
DIVISION OF VOCATIONAL REHABILITATION
COMMISSION FOR THE BLIND
PROJECTS WITH INDUSTRY
CENTERS FOR INDEPENDENT LIVING
4. WHAT ARE VOCATIONAL
REHABILITATION
AND INDEPENDENT LIVING SERVICES?
Vocational Rehabilitation
Vocational rehabilitation services help people with disabilities prepare for, find, and keep jobs. "Rehabilitation" means teaching and training a person who has a disability how to reach goals and how to learn new skills. Rehabilitation has several ideal goals. These ideals can provide a long-term guide to how a rehabilitation program should deliver services.
The Goals of Rehabilitation
1. Independence -- you make your own decisions
2. Self-management -- you decide what help you need
3. Self-advocacy -- you speak up for yourself
4. Employment -- services you need to get and keep a job
Clients in rehabilitation programs are familiar with the fourth goal, employment.
The first three goals are not always obvious, but they are skills that will
help with the goal of finding a job.
There are many programs that provide rehabilitation services. The State
of New Mexico's Division of Vocational Rehabilitation and Commission for
the Blind are two of those programs. Independent Living
Independent living services help people who have disabilities learn to live
on their own, get the services they need, and make their own decisions.
Independent living services help an individual find the resources and gain
the skills to achieve what he or she needs.
The goals of independent living are similar to the ideal goals of rehabilitation.
The big difference is that independent living services focus on day-to-day
skills that may have nothing to do with employment. Some of the services
that independent living programs provide are:
1. Training in skills for independent living
2. Counseling and peer support
3. Advocacy
4. Information and referral about work, school, housing, and personal assistance.
There are a number of programs that provide independent living services. In New Mexico there are three Centers for Independent Living (CIL's). ILC's are private, consumer-run organizations. Chapter 8 discusses them more fully.
The State Commission for the Blind and the Division of Vocational Rehabilitation also provide some independent living services. The independent living services of the two state agencies are discussed briefly on Pages 25-26.
5. SERVICES FROM THE
DIVISION OF VOCATIONAL
REHABILITATION AND THE COMMISSION FOR THE BLIND
The purpose of the New Mexico Division
of Vocational Rehabilitation (DVR) and the Commission for the Blind is to
help people with disabilities become more productive and independent. Both
agencies have a variety of programs to do this. The services include training,
counseling and guidance, and other help a person might need to get and keep
a job or to be as independent as possible.
On the next page is a picture of how the process should work for these two
rehabilitation programs. (Available in hard copy only)
Each person who uses the services of DVR or the Commission for the Blind
will have an individualized plan. Each person's experience of the system
will be different. For some clients the process may be as simple as it sounds
in this guide, but sometimes the process is more difficult. For example,
if your counselor transfers to another location, the process will be interrupted.
Or, if your vocational goal is out of the ordinary, you may have difficulty
convincing your counselor that it is the best goal.
Eligibility
The main difference between DVR and the Commission for the Blind is who
can use their services. A person is eligible for DVR services if he or she
has a disability that creates a substantial handicap to employment and if
DVR services might help the person become employed. A person is eligible
for Commission for the Blind services if he or she is legally blind or has
a condition that will lead to blindness.
A Road Map of the Rehabilitation Process
APPLICATION
DIAGNOSTIC
EVALUATION
EXTENDED
EVALUATION
UP TO 18 MONTHS
PROGRAM DEVELOPMENT
IWRP
I NDIVIDUAL W RITTEN
R EHABILITATION P ROGRAM
SERVICES
EMPLOYMENT
POST-EMPLOYMENT
SERVICES
Cost of Services
Many of the services are free. Depending on your income and resources, you may be asked to share in the cost of some services. Evaluation and counseling are two services that are always provided without any charge.
How the Process Works
The goal of rehabilitation is to help you get and keep a job that matches your abilities and interests. For some people, rehabilitation may take years. For others, it may take only a few months. Your plan is called an Individual Written Rehabilitation Program, or IWRP. The IWRP and the services you get are tailored to your needs. You make them succeed.
Each agency has rules for becoming a client. A "client" is someone
to whom the agency can provide services. When you apply, the agency makes
a decision about your eligibility. To be "eligible" means that
you qualify for services under the rules of the agency. If you do not qualify,
you are not eligible and the agency cannot help you. It is important that
you know what the rules are for becoming a client (see Page 21).
Vocational rehabilitation is not an "entitlement" that you receive
automatically because of a disability. You and a counselor must agree on
the services appropriate for you. The counselor will provide services to
evaluate your eligibility and to help you get a job. If DVR does not expect
to be able to help you get a job, DVR may offer services to improve your
independence. For your part, you must have a potential to benefit from the
services and must do what you agree to in the IWRP.
Applying for Services
Any person with a disability who is in New Mexico can apply for services.
You can telephone, write, or visit the office that serves your area. A list
of all the offices and their phone numbers is at the end of this guide.
The first step is to call an office and get an application.
When you apply, an appointment will be scheduled for you to meet with a
counselor. The counselor will explain the process and must inform you about
your rights. The counselor will ask you for information about yourself.
The counselor will use the information to decide your eligibility. All the
information you give is confidential. When you go to meet with your counselor,
it will help to bring the following information about yourself:
Social Security number
names and addresses of doctors you have seen recently
names and addresses of schools you have attended
information about medical insurance you have
a list of places you have worked, types of jobs, dates, salary, reasons for leaving
any other records or information which you feel may help the counselor understand your disability.
Diagnostic Evaluation
Every person who applies must be evaluated for eligibility. Your counselor
will want to learn more about you and how your disability creates a handicap
to employment. If you have recently had a medical examination or if your
disability has been documented by another agency, let the counselor see
the report. Otherwise, the counselor may make an appointment for you to
see a doctor. The counselor also may arrange for other types of vocational
testing, such as psychological, aptitude, IQ, or achievement tests.
You will not have to pay for the diagnostic evaluations. It is very important that you go to the appointments. If you do not keep an appointment or if you refuse to take a test, your counselor might decide you are not cooperating and close your case.
The diagnostic evaluation is the basis for deciding whether there is a reasonable
chance that rehabilitation services will help. If your counselor does not
get the information about your situation, he or she will not know your abilities,
skills, and what the agency can do for you. In other words, the diagnostic
evaluation is the basis for your counselor's decision about your eligibility.
This part of the rehabilitation process can be a roadblock if the counselor
does not get the information. Follow up after the appointment to make
sure the written report is sent to the counselor as soon as possible.
The evaluation process may take as long as two months. At the end of that
time, the counselor should give you a decision about eligibility. Sometimes,
the counselor needs more time and studies to decide if you are eligible.
In that case, the counselor should place you in an extended evaluation
program, which may last up to 18 months. During an extended evaluation,
services still must be provided by the counselor.
During the evaluation process, think about the types of equipment and services
that will help you reach your rehabilitation goals. Rehabilitation technology
includes assistive devices and services that may help with communication,
mobility, learning, and working. Evaluations that may help you decide about
equipment and services can be done by occupational therapists, physical
therapists, or speech and language pathologists. Your counselor should consider
assistive technology as part of the evaluation.
All these evaluations can help you establish feasible goals. Use this opportunity to your advantage. Evaluations help define the services or equipment you will need. When you write your IWRP, you can use the evaluations to be sure you have a comprehensive plan.
Based on the evaluations, your counselor will decide whether you are eligible for vocational rehabilitation services. Not everyone is eligible. To get services, you must:
be in New Mexico
have a disability that makes it hard to get or keep a job and
have a reasonable chance of working after you have received rehabilitation services.
If you qualify with the rules on this list, then you are eligible for rehabilitation services.
If there is no reasonable expectation that services will lead to a job for you, you can still receive independent living services. At the Orientation Center for the Blind, clients are taught how to function independently before preparing for finding specific jobs. If you are applying to DVR, your counselor should refer you to DVR's Independent Living Services program, but only if you are denied vocational rehabilitation services. Request that your DVR counselor write a letter of referral to Independent Living Services.
IWRP -- The Plan
If you are eligible for services, you and your counselor will work together
to write a plan, the Individualized Written Rehabilitation Program or IWRP.
This is the program you will follow to meet the goal of preparing for and
getting a job. The IWRP must contain all the
necessary steps and services for you to succeed in reaching your goal.
The IWRP is developed jointly and must be agreed upon and signed by you. You must be willing to carry out the tasks that you agree to in the IWRP, and it should include all the services and equipment you need to reach the goal. The IWRP also should describe how you were involved in choosing the goals, services, and equipment that are in the IWRP. Do not sign the IWRP if you do not agree with it. If you have questions or concerns about your program, talk with your counselor. You may also call P & A and talk with an advocate.
Your IWRP is a written record that includes:
your work goal and how to achieve it
the services that you will get and how they will be paid for the schedule of when you can expect to get services and of deadlines you must meet
what your rights are
The IWRP shows the services you will get to help get ready for a job. Make
sure the IWRP includes everything you need to reach your goal. The IWRP
must include all services necessary to meet your individual needs. So, tell
the counselor your ideas and opinions. When you make decisions, get all
the information you need by talking with your counselor, with other people
you trust, or with CAP. After you have agreed on the IWRP and you and the
counselor have signed it, you will receive a copy of it.
You and the counselor can change the IWRP while you are in rehabilitation,
if your needs change. You and the counselor must review the IWRP at least
once a year. If your situation has changed, you may ask for a review of
your program at any time. If you have problems with your IWRP that you and
the counselor cannot solve, you can ask P & A for help.
Services
The services you get will depend on your needs. The services you need to
reach your vocational goals must be in your IWRP. Each person will need
different services to reach his or her goal, so each person will have a
different IWRP. The types of services which DVR and the Commission for the
Blind should provide include:
Counseling and guidance -- advice and help with problems, or help in making
decisions about your rehabilitation and goals
Physical or mental restoration -- medical or psychological services to maintain
or improve your functional abilities
Training -- school tuition, supplies and books, on-the-job training, or
work adjustment training
Equipment and materials -- tools, books, supplies, and job site modifications
or adaptive devices
Job-search skills -- how to find a job, information about jobs that are
available, how to interview for a job, and how to work with agencies that
provide job placement
Maintenance and personal services -- help with living expenses, transportation,
readers, interpreters, attendants, and other personal assistance until a
job is secured
Post-employment services -- help with staying employed
As a recipient of services, you help make the IWRP succeed. You should avoid
problems by planning ahead. For instance, you may need to get several bids
for equipment, and this takes time. Or you may need a certain service for
your IWRP to move forward, but funding will not be available. Talk with
your counselor to make sure funding will be available at the time it is
needed. You may also call P & A about when services should be provided.
When you do a job search, DVR or Commission for the Blind will help. Both
programs have contacts with other agencies and with employers who may have
positions for qualified job applicants. After you find work, your counselor
can help solve problems you may have about keeping your job. Keep in touch
with your counselor and let your counselor know how you are doing.
Financial Participation
As a client, you may be asked to help pay for part of your rehabilitation
to the best of your ability. You must make every effort to find sources
of funding that will help make the IWRP succeed, except that you cannot
be required to get student loans. DVR and the Commission for the Blind are
also required to look for programs that provide similar benefits. For example,
an education grant should be used instead of DVR funding, if it is available.
Closure
After you have worked successfully for 60 days, your counselor will close
your case. You may go back to DVR or the Commission for the Blind if your
situation changes and you need help maintaining employment. You may be eligible
for post-employment services to keep your job or find another one. If you
need many services, you may be asked to reapply for services.
Appeals
At any stage in the process, you have the right to appeal any decision made
by the counselor that you do not agree with. You may also call CAP, ask
for a new counselor, or file a formal appeal. If you file a formal appeal
for Fair Hearing, the services written in your IWRP must be provided
until the appeals process is completed. Appeals are discussed in Chapter
7.
Special Programs
The Division of Vocational Rehabilitation and Commission for the Blind have
several programs that provide special services. Here are brief descriptions
of some of those special programs. For complete information about
these programs or about other programs of DVR and Commission for the Blind,
you should talk directly with someone at the program.
American Indian Vocational Rehabilitation Program. Part of DVR, this program
delivers services to remote and culturally diverse populations. In partnership
with tribes and pueblos, DVR works with rehabilitation technicians to provide
services to American Indians with disabilities.
Supported Employment Program. Supported employment is a DVR program of follow-along
services that support severely disabled individuals starting in competitive
employment. Job coaching is the primary service that is available to disabled
persons. Supported Employment from DVR is limited to 18 months. If you need
this help for longer than 18 months, another agency must be identified to
provide the help.
Independent Living Services. Both the Commission for the Blind and DVR have
IL Services programs. These programs provide services to people with severe
disabilities and have the goal of improving skills that increase the individuals'
level of independence. The primary difference between IL Services and vocational
rehabilitation services is that people eligible for the IL Services are
not pursuing a vocational goal. Services include rehabilitation engineering,
home modifications, training, and equipment.
Orientation Center for the Blind. For people who want to learn the skills
of blindness, the Commission for the Blind runs this program in Alamogordo.
Skills include mobility, communication, and self- confidence. Seminars with
other blind persons help expand perceptions about what an individual can
do.
Industries for the Blind. The Commission for the Blind offers skills training
to help individuals move into competitive employment. At a manufacturing
facility in Albuquerque, blind workers earn wages while they learn. The
products are sold on the open market.
Business Enterprise Program. This Commission for the Blind program helps
blind persons start business ventures. Management assistance helps blind
persons achieve success in businesses, such as food service.
Projects With Industry (PWI)
Projects With Industry is a privately-operated job placement service. It
provides training and helps with finding jobs. To become eligible for PWI,
an individual must meet the same rules as for the other rehabilitation agencies.
You must have a physical or mental disability that makes it hard for you
to get or keep a job. There also must be a good chance that PWI will be
able to help you find and keep a job.
6. SUCCESS WITH YOUR
COUNSELOR
a. COOPERATE b. COMMUNICATE c. CONSULT
Cooperate
Work together with the counselor. Learn the counselor's name.
Keep your appointments.
Find out how to call or write your counselor. What is the best time to call?
Learn the name of your counselor's secretary. The secretary can save a lot of time communicating between you and your counselor about what needs to be done.
Be polite to your counselor. The counselor can be a big help and provide valuable advice. Even when you do not agree, do not yell or call your counselor names. If you are angry at your counselor, you can get someone to help you. Ask P & A to help.
Communicate
Let your counselor know what is happening to you. Be honest.
Ask your counselor to write down details of the services the counselor is trying to get for you.
If something happens and you cannot keep an appointment, call your counselor as soon as possible. The same is true if you have an appointment to call your counselor: call when you say you will.
Read your file every few months. Make sure your agreements are written down in your file.
Tell your counselor if you cannot read or if reading is difficult.
Tell your counselor if you need a Spanish or sign language interpreter or
other assistive devices or services. Your counselor can pay for an interpreter
or other services.
Consult
When you have a problem, tell your counselor so he or she can help you with it.
Talk to your counselor about decisions.
Make sure you get approval from your counselor before you do something you want the rehabilitation agency to pay for. If you pay for something without prior approval, the agency will not pay for it.
Ask your counselor to explain anything you do not understand.
7. APPEALS PROCESS
If your counselor makes a decision and you do not agree, you should take
the following steps:
Step 1 Talk about the problem with your counselor. Hear the counselor's reasons for the decision. Discuss what you need. Before you file an appeal, you may want to contact P & A to get advice about how to proceed. The earlier in the process you contact P & A, the more likely CAP will be able to help. If you cannot reach agreement with the counselor, go to Step 2.
Step 2 INFORMAL APPEALS
Supervisory Review.* Ask to talk to the counselor's supervisor. The counselor's supervisor will listen to both sides and make a decision, which will be in writing. After the counselor's supervisor tells you the decision, if you do not agree, you may request an Administrative Review.
Administrative Review.* Ask to talk with the Field Operations Director, who supervises all the supervisors. The Field Operations Director will listen to both sides and make a decision, which will be in writing. If you do not agree with the decision, you may request a Fair Hearing by writing to the agency Director.
At any point in the informal appeals process, you may call P & A and
ask for advice and assistance.
* You may request a Fair Hearing at any time without going through Steps
1 and 2. However, it may be best to go through those steps and try to solve
the problem before requesting a Fair Hearing.
Step 3 FORMAL APPEAL
Fair Hearing. You must request the Fair Hearing within 45 days of any decision.
Get the counselor to put in writing the decision that you wish to appeal,
if at all possible. Make a request in writing to the Director of DVR or
the Commission for the Blind. Your request for Fair Hearing should include,
at least --
the counselor's name
the area of the counselor's office, and
your reason for the request.
The address of the Director of each agency is at the main State office (see Chapter 9). He or she will appoint a Fair Hearing Officer. The officer is someone outside the agency who will listen to both sides of the problem.
A Fair Hearing is like a court trial, and a record will be kept of it. You may have a representative or attorney with you. P & A can help you prepare and may be able to represent you. If you want CAP to help, you should get them involved as soon as possible, since it takes time to prepare for a Fair Hearing.
After the Officer has listened to everyone, he or she will make a decision
and write the decision in a letter.
Fair Hearing Review. The Director of the agency can review the decision
made by the Fair Hearing Officer. The Director must tell you if he or she
is reviewing the decision. The Director should give you a chance to tell
your side or to add other information that may help in the review. The Director
cannot change the Officer's decision except when the Officer made an error
under the law. The decision of the Director is final unless you go to court.
Step 4 COURT
After you have gone through the appeals process, you may still believe that
you have been treated unfairly. You can go to court. P & A can advise
you about whether you have a good case for court. P & A can act as your
legal representative in court, but P & A must decide whether to do this.
If P & A does not act for you in court, and you want to go to court,
CAP will give you names of lawyers that may help you.
8. INDEPENDENT LIVING
CENTERS
Centers for Independent Living (CIL's) provide services to people with disabilities
to help them live more independently. Independent living centers are not
government agencies, although they receive some state and federal funds.
At CIL's, people with disabilities are substantially involved in making
policy decisions and in delivering services within the center.
ILC's give people the opportunity to make their own decisions and the ability to pursue activities of their own choosing. CIL's can help a person learn how to get services from other programs. ILC's also provide advocacy in the community to improve services that other programs have and to remove barriers that keep people with disabilities out of the mainstream of community living.
Basic services that all Centers for Independent Living provide are:
independent living skills training
peer counseling
advocacy for persons with disabilities
information and referral about programs that provide services to people with disabilities, such as personal assistance services, housing accessibility, financial resources, and employment-related services
You can find out about getting services from an independent living center
by calling one of the offices listed on Page 34. These ILC's serve many
counties, but not all of New Mexico. The person you talk with on the phone
will ask you some questions and may set an appointment for you to see a
staff member.
You and the staff member will decide what services you need and how the
CIL can help. The CIL staff member may refer you to other programs that
provide services, such as DVR, the Commission for the Blind, or the Social
Security Administration. The staff member can help you learn how to get
into those programs and how to be your own advocate.
The staff member may suggest that you participate in a peer support group
with other people who have disabilities. Peer counseling is an important
way that CIL's help people with disabilities learn about problem-solving
and self-confidence.
CIL's are consumer organizations that have a majority of disabled people
on their board of directors. Most of the time, the CIL is very aware of
disability issues, but that does not mean you will always be able to receive
all the services you would like to have. P & A can help you if you have
problems with an independent living center.
9. DIRECTORY OF PHONE
NUMBERS AND ADDRESSES
The agencies and organizations listed on the following pages are those that are covered by the Client Assistance Program. There are many other private and public organizations that provide services for persons with disabilities, but which are not covered by the Client Assistance program and are not listed here.
Client Assistance Program
CAP
Protection and Advocacy System
1720 Louisiana Blvd., N.E.
Suite 204
Albuquerque, NM 87110
Phone: (505) 256-3100 in Albuquerque Voice/TDD
1-800-432-4682 statewide Voice/TDD
Fax: (505) 256-3184
Independent Living Centers
Southern N.M. Center for Independent Living (DRC) serving the following counties: Dona Ana, Luna, Sierra
Southern N.M. Center for
Independent Living
424 North Downtown Mall 3100
Las Cruces, NM 88001-5204
Phone: (505) 526-5016 Voice/TDD
1-800-376-4372 Voice/TDD
Fax: (505) 526-1202
Independent Living Resource Center (ILRC) serving the following counties:
Bernalillo, Sandoval, Valencia
4401 Lomas N.E, Suite B
Albuquerque, NM 87110
Phone: (505) 266-5022 Voice/TDD
Fax: (505) 266-5150
New Vistas Independent Living Center (NVILC) serving the following
counties: Los Alamos, Santa Fe, San Miguel, Mora, Harding, Union, Colfax,
Taos, Rio Arriba
1205 Parkway Dr.
Santa Fe, NM 87505
Phone: (505) 471-1001 Voice/TDD
1-800-737-0330 Voice/TDD
Fax: (505) 989-8740
Commission for the Blind
TDD-users should call New Mexico Relay Service: 1-800-659-8331
State Office
PERA Building
Room 553
Santa Fe, NM 87503
Phone: (505) 827-4479
Fax: (505) 827-4475
Industries for the Blind and
Albuquerque Field Office
2200 Yale Blvd., S.E.
Albuquerque, NM 87106
Phone: (505) 841-8844 Industries for the Blind
(505) 841-8853 Field Office
Fax: (505) 841-8854
Alamogordo Orientation Center and
Alamogordo Field Office
408 White Sands Blvd.
Alamogordo, NM 88310
Phone: (505) 437-0401 Orientation Center
(505) 437-8008 Field Office
Fax: (505) 434-3713
Commission for the Blind (continued)
Las Cruces Field Office
Dona Ana Savings Office Plaza
277 East Amador, Suite 204
Las Cruces, NM 88001
Phone: (505) 524-6450
Fax: (505) 524-6450
Las Vegas Field Office
700 Friedman Avenue
Las Vegas, NM 87701
Phone: (505) 425-3546
Roswell Field Office
200 West First Street
Room 740 Roswell, NM 88201
Phone: (505) 624-6140
Fax: (505) 624-6141
Santa Fe Field Office
1460 South St. Francis Drive
Santa Fe, NM 87501
Phone: (505) 827-3768
Fax: (505) 827-3769
Division of Vocational Rehabilitation
(DVR)
State Office
435 St. Michael's Drive, Building D
Santa Fe, NM 87505
Phone: (505) 954-8534 Voice/TDD 1-800-235-5DVR Rehabilitation Services Voice/TDD (235-5387)
1-800-964-3798 Supported Employment Voice/TDD
(505) 827-3510
Voice/TDD Fax: (505) 827-3746
Disability Determination Services
3121 Amherst N.E.
Albuquerque, NM 87107
Phone: (505) 841-5600 Voice/TDD 1-800-432-5868 Voice/TDD
Fax: (505) 841-5724
Psychological Services
Two Park Central Tower
300 San Mateo, N.E., Suite 101
Albuquerque, NM 87108
Phone: (505) 841-6450 Voice/TDD
Fax: (505) 841-4521 Independent Living Services
(505) 841-6451 Psychological Services
Division of Vocational Rehabilitation (continued)
American Indian Vocational Rehabilitation Program
Two Park Central Tower
300 San Mateo, N.E., Suite 101
Albuquerque, NM 87108
Phone: (505) 841-6450 Voice/TDD
Fax: (505) 841-4521 Independent Living Services
(505) 841-6451 Psychological Services
New Mexico Technology Assistance Program (NMTAP)
435 St. Michael's Drive, Building D
Santa Fe, NM 87505
Phone: (505) 954-8539 Voice/TDD
1-800-866-ABLE Voice/TDD
(866-2253)
Fax: (505) 954-8562
Division of Vocational Rehabilitation (continued)
Area I serving the following counties:
Santa Fe, Los Alamos, Taos, San Juan, Rio Arriba
Area I District Office
2109 Warner Circle
Santa Fe, NM 87505
Phone: (505) 827-3526 Voice/TDD
Fax: (505) 827-3564
Espanola Satellite Office
706-B La Jolla St.
Espanola, NM 87532
Phone: (505) 753-2908 Voice/TDD
Fax: (505) 737-7303
Taos Satellite Office
224-A Cruz Alta Road
P.O. Box 1847
Taos, NM 87571
Phone: (505) 758-4342 Voice/TDD
Fax: (505) 758-4342
Farmington Satellite Office
101 West Animas
Suite 101
Farmington, NM 87401
Phone: (505) 327-5123 Voice/TDD
Fax: (505) 599-9720
Division of Vocational Rehabilitation (continued)
Area II serving the following counties: S.E. and N.E. Bernalillo,
Colfax, Union, Mora, Harding, San Miguel, Guadalupe, N.E. Torrance
Area II District Office (Menaul Office)
7905 Marble N.E.
Albuquerque, NM 87110
Phone: (505) 232-8701 Voice/TDD
Fax: (505) 232-8728
Las Vegas Satellite Office
700 Friedman Avenue
P.O. Box 650 Las Vegas, NM 87701
Phone: (505) 425-9365 Voice/TDD
Fax: (505) 425-9366
Raton Satellite Office
1241 South Second Street
Raton, NM 87740
Phone: (505) 445-2852 Voice/TDD
Fax: not available
Moriarty Satellite Office
PO Box 3627
Moriarity, NM 87035
Phone: (505) 832-5038
Fax: (505) 832-5040
Division of Vocational Rehabilitation (continued)
Area III serving the following counties: Catron, Grant, Hidalgo,
Luna, Sierra, Dona Ana, Lincoln, Otero
Area III District Office
133 Wyatt Drive, #4
Las Cruces, NM 88005
Phone: (505) 524-6135 Voice/TDD
Fax: (505) 524-6139
Alamogordo Satellite Office
1101 North Florida Avenue
Alamogordo, NM 88310
Phone: (505) 437-6550 Voice/TDD
Fax: (505) 434-1582
Silver City Satellite Office
622 E. Pine
Silver City, NM 88061
Phone: (505) 538-5351 Voice/TDD
Fax: (505) 538-5537
Division of Vocational Rehabilitation (continued)
Area IV serving the following counties: Quay, Curry, DeBaca, Roosevelt,
Chaves, Lea, Eddy
Area IV District Office
1014 South Atkinson Avenue
Roswell, NM 88201-7157
Phone: (505) 624-6024 Voice/TDD
Fax: (505) 624-6198
Carlsbad Satellite Office
304-B North Canyon
Carlsbad, NM 88220
Phone: (505) 885-8821 Voice/TDD
Fax: (505) 887-7312
Clovis Satellite Office
904 West Sixth Street
Bruce King Complex
Clovis, NM 88101
Phone: (505) 763-3437 Voice/TDD
Fax: (505) 769-2794
Hobbs Satellite Office
726 East Michigan
Suite 160 Hobbs, NM 88240
Phone: (505) 393-3330 Voice/TDD
Fax: (505) 393-3630
Division of Vocational Rehabilitation (continued)
Area V serving the following counties: N.W. Bernalillo, McKinley,
Cibola, Sandoval
Area V District Office (Candelaria Office)
3311 Candelaria Center, N.E.
Albuquerque, NM 87107
Phone: (505) 841-8800 Voice/TDD
Fax: (505) 841-8889
Gallup Satellite Office
234 E. Nizhoni Blvd.
Gallup, NM 87301
Phone: (505) 722-6045 Voice/TDD
Fax: (505) 722-6046
Division of Vocational Rehabilitation (continued)
Area VI serving the following counties: S.W. Bernalillo, Socorro,
Valencia, S.W. Torrance
Area VI District Office (Coors Office)
2929 Coors, N.W.
Suite 104 Albuquerque, NM 87120
Phone: (505) 841-8752 Voice/TDD
Fax: (505) 841-8764
Belen Satellite Office
403 Horner Street
Belen, NM 87002
Phone: (505) 864-1617 Voice/TDD
Fax: (505) 864-6292
Socorro Satellite Office
Projects with Industry
Career Services for Persons with Disabilities
4401-A Lomas, N.E.
Albuquerque, NM 87110
Phone: (505) 265-7936 Voice/TDD
Fax: (505) 265-9685
Area VIII serving traumatic brain injured, deaf and mental illness
individuals
Two Park Central Tower
300 San Mateo, N.E.
Suite 101
Albuquerque, NM 87108
Phone: (505) 841-6450 Voice/TDD
(505) 841-4521 Independent Living Services
(505) 841-6451 Psychological Services