Assistive Technology Services via DVR and DVI

Lexie S. McFassel, Esq.
Disabilities Law Program
Community Legal Aid Society, Inc.

The Division of Vocational Rehabilitation (DVR) provides assistive technology services as part of its vocational program and its independent living program. First, looking at DVR’s vocational program, eligibility criteria require that the individual have a significant disability that is a barrier to employment, the individual must want to seek employment, and must be of working age. The disability must be a substantial impediment to employability, 39 U.S.C. §705(20)(A), and any adult receiving SSI or SSDI is presumptively eligible for VR services, provided they are looking toward an employment goal, 29 U.S.C. §722(a)(3). Vocational Rehabilitation services are those necessary to assist an individual with a disability in preparing for, securing, or regaining employment, 29 U.S.C. §723(a). Currently, all eligible applicants for DVR’s vocational program receive services as there is no waiting list or order of selection for services.

The Independent Living Program administered by DVR does not require an employment goal, but provides assistive technology and other independent living services to individuals who have a significant disability that interferes with their ability to live independently. This program has a financial needs test applied for eligibility, and recipients of Social Security’s SSI and SSDI automatically meet this test. The Independent Living Program currently has a waiting list for services, and service requests, including those for assistive technology, are processed in the order in which they are received.

The Delaware Division for the Visually Impaired provides assistive technology to people with visual impairments, and is required to provide items to individuals who are legally blind. This agency operates in a manner similar to DVR, providing vocational rehabilitation and independent living assistance.

Assistive technology services are exempt from the comparable services and benefits test of the Rehabilitation Act Amendments of 1992. Comparable services and benefits are services which are provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits which are available to an individual with a disability. Exemption from the “comparable benefits test” means that individuals do not have to exhaust all of these other potential funding options before DVR/DVI will consider paying for the AT device and/or service.

Both DVR and DVI provide consumers with a wide range of assistive technology including, but not limited to, the following items: screen readers, magnifiers, Braille embossers, ramps, computers, hearing and listening devices, prosthetics, vehicle modifications, home and bathroom modifications, wheelchairs, transfer boards, and door openers. Almost any assistive technology need would be considered for purchase by DVR or DVI as long as the item maintains independent living in the community and/or supports a work goal. Once the equipment is purchased for the individual, it becomes the individual’s personal property. The individual is responsible for the maintenance and repair of the equipment as needed and recommended by the manufacturer, unless the agreement between the agency and the individual specifies something different.

In conclusion, the Division for the Visually Impaired and the Division of Vocational Rehabilitation both provide very important services to individuals with disabilities who want to work or who want to maintain or improve their independence in the community. Assistive technology is often an integral part of the services they provide. For more information about DVR or DVI, contact your local office or check out their websites at http://www.dhss.delaware.gov/dhss/dvi/index.html and http://www.delawareworks.com/dvr/welcome.shtml.

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