Frequently Asked Questions

1. What kind of services does CAP offer?
2. If a person has a disability, is he or she automatically entitled to receive vocational rehabilitation services?
3. What is Olmstead all about?
4. How do I file an ADA integration mandate complaint (Olmstead)?
5. How many handicapped accessible spaces are required at public parking areas?
6. How do I get a parking placard for handicapped parking?
7. Where can I find assistance in paying a utility bill?
8. I need a ramp at my home but do not have the money to get one built; where can I get assistance?
9. What is the Special Optional Hiring Program for People with Disabilities? Who qualifies for this program? How can I apply?
10. Where can I find a Rehabilitation Counselor?
11. What is an order of selection? Or, Why am I on a waiting list when I need services NOW?

1) What kind of services does CAP (Client Assistance Program) offer?

If you need help in establishing a better relationship with any rehabilitation agency, CAP provides the following services:

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2) If a person has a disability, is he or she automatically entitled to receive vocational rehabilitation (VR) services?

No. To receive VR services, you must meet the following eligibility criteria. You must:

Federal law specifies these eligibility criteria. The decision about your eligibility for services is based on information the counselor gets from you directly, along with information provided by physicians who have treated you, and former employers. Sometimes additional diagnostic tests and assessment services are needed.

Your financial resources will not be considered when determining your eligibility. However, if you are found to be eligible, payment for some services may be based on your financial need.

If DVR does not have sufficient resources to serve all eligible persons who apply, the agency will use an Order of Selection to determine who will receive services. Federal regulations require the Order of Selection to give priority to persons with the most severe disabilities. This means that a waiting list may be created for persons with non-severe disabilities. If you have other questions your counselor can provide more information about the Order of Selection.

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3) What is Olmstead all about?

Olmstead v. L.C. (Olmstead) is a United States Supreme Court case decided June 22, 1999, and addressed the specific question of whether the anti-discrimination provisions of Title II of the Americans with Disabilities Act (ADA) require placement of persons with mental disabilities in community settings rather than institutions. The Court held that the answer is a "qualified yes." Such action is in order when:

Olmstead involved two clients at a Georgia State hospital, both with multiple disabilities, who had been institutionalized numerous times. Their treatment professionals had determined that community placement was justified, but appropriate placement was not available. The Court analyzed whether unjustified segregation of persons with disabilities violates Title II of the Americans with Disabilities Act (ADA), which prohibits discrimination on the basis of a disability by public entities. A "public entity" is any state or local government, and any department, agency, or special purpose district. Implementing regulations require that public entities administer their services, programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities (Integration Regulation), and the Reasonable Modification Regulation requires public entities to make reasonable modifications in polices, practices and procedures to avoid discrimination unless it can demonstrate that such a modification would fundamentally alter the nature of their services. While the Supreme Court held that unjustified isolation is properly regarded as discrimination on the basis of a disability, the State's obligation is not limitless. If the State demonstrates that it has:

Olmstead has, in effect, established a new civil right for persons with disabilities: the right to live in the most integrated setting appropriate to the wishes and needs of the individual.

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4) How do I file an ADA integration mandate complaint (Olmstead)?

The U.S. Department of Health and Human Services, Office for Civil Rights is responsible for investigating complaints under Title II of the ADA and its implementing regulation (28 CFR 35.130 (d)), better known as the integration mandate. As part of these efforts, OCR is seeking to identify individuals who should be living in more integrated settings, but for the state's failure to provide appropriate community services, and to assist these individuals to file integration mandate complaints with OCR. OCR has authority to conduct compliance reviews with state programs and is prepared to contact states to discuss all complaints received. OCR hopes to resolve complaints through cooperation with all interested parties. The process usually involves an OCR investigation and if discrimination is found, negotiations with the state to voluntarily correct the discrimination. If negotiations are unsuccessful, enforcement proceedings may be instituted.

How to file an ADA integration mandate complaint with the Office of Civil Rights:

Indicate that the state is failing to provide the following individual(s) with appropriate home and community based services, resulting in institutionalization, (or risk of) in violation of his or her right under the ADA and its implementing regulation (28 CFR 35.130(d) to live in the most integrated setting appropriate.

Include the following information about the injured party(s):

Explain why you think the individual's situation is appropriate for community services, and identify any other qualified individuals who believe this person's situation is appropriate for community services (e.g. treating physicians or professionals, family members, facility staff etc.). Provide documentation if available.

Send the complaint to: Sheila Foran, Special Assistant to the Director, The Department of Health and Human Services, Office for Civil Rights, Room 509 F, 200 Independence Avenue, SW, Washington, D.C. 20201. The National office will forward the complaint to the appropriate regional office.

Upon receipt of your complaint, OCR staff will review it to determine coverage under Title II of the ADA. If your complaint raises covered issues, an investigation will be initiated. If discrimination is found, OCR will negotiate with the state to voluntarily correct the discrimination. If negotiations are unsuccessful, enforcement proceedings may be instituted.

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5) How many handicapped accessible spaces are required at public parking areas?

One (1) handicapped accessible space for every twenty-five (25) parking spaces.

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6) How do I get a parking placard for handicapped parking?

First you get the appropriate form from any Tag Agent, the Department of Public Safety or the Office of Disability Concerns, then you must get a doctor to complete the statement, then you may apply either in person or by mail at the Department of Public Safety. There is a $1.00 processing fee. Permanent placards must be renewed every 5 years.

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7) Where can I find assistance in paying utility bills?

Community Action agencies exist in many cities and towns across Oklahoma, some have limited funds, to assist with utilities. The Salvation Army will also help once per year with utility assistance. The Department of Human Services Low-Income Home Energy Assistance Program (LIHEAP) will help low-income families with heating once a year in the winter. Contact your utility when you first see that you are unable to pay a bill. Don't wait until you have a cutoff notice. Usually they will work with you if you agree to pay a certain amount per month until the bill is paid.

Period to apply for LIHEAP generally begins in early December and continues as funds are available. Call 405-521-3444 or 1-866-411-1877 for more information. Apply at your local OKDHS office. You must have your current heating bill and proof of income.

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8) I need a ramp at my home but do not have the money to get one built; where can I get assistance?

Community Action agencies are located across Oklahoma. Sometimes one agency may serve more than one county. These agencies will usually assist in getting a ramp built. Funds are limited. There are other private agencies that also can assist. Call the Office of Disability Concerns to check for your local area.

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9) What is the Special Optional Hiring Program for People with Disabilities? Who qualifies? How can I apply?

Passed by the Oklahoma State Legislature, House Bill 1340 became effective July 1, 1987. It gives state agencies the option of waiving entrance examinations and modifying other hiring procedures for legal residents of Oklahoma who are certified as persons with disabilities under the definition established by the Office of Personnel Management. The definition of "a person with a disability" established by the Office of Personnel Management is a person who has a severe physical or mental disability, which seriously limits one or more functional capacities (mobility, communication, self-care, self-direction, work tolerance, or work skills in terms of employability; and who has one or more physical or mental disabilities resulting from amputation, arthritis, blindness, cancer, cerebral palsy, cystic fibrosis, deafness, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculosketal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disability, and end-stage renal disease or another disability or combination of disabilities determined on the basis of an evaluation of rehabilitation potential to cause comparable substantial functional limitation. The responsibility for certification of individuals as qualifying for the Special Optional Hiring Program for People with Disabilities under HB-1340 is the responsibility of Rehabilitation and Visual Services staff.

To apply for employment under this program, an individual must have been certified by a Vocational Rehabilitation Counselor or a Visual Services Counselor as being eligible; a counselor must issue a letter of certification that is presented to the Office of Personnel Management. There are 4 more steps to the process, which can be explained by staff at the Office of Personnel Management, or found at their web site http://www.opm.state.ok.us/

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10) Where can I find a Rehabilitation Counselor?

Rehabilitation and Visual Services Counselors serve every county in the state. To find out how to contact a counselor for your county or your zip code, call the Oklahoma Department of Rehabilitation Services at 1-800-487-4042 or for TTY l-800-845-8476 .

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11) What is an order of selection? Or, Why am I on a waiting list when I need services NOW?

If DRS does not have sufficient resources to serve all eligible persons who apply, the agency is directed by Federal rules to create a list based on severity of disability and date of eligibility to determine the sequence when people will receive services. Federal regulations require this Order of Selection to give priority to persons with the most severe disabilities, so this list is separated into categories that in Oklahoma are called Priority Groups. Those in Priority Group 1 are those individuals having the most severe disabilities and will receive services first. A most severe disability is defined as a mental or physical disability resulting in serious limitations in three or more functional capacities and requiring multiple services over an extended period of time, while Groups 2 and 3 have fewer functional limitations and Group 4 are eligible individuals with disabilities not meeting the definition of individual with a severe disability. This means that a waiting list may be created for persons in one or more of these priority groups, and eligible people will receive services as their waiting list is opened. Your counselor can provide more information about what priority group you are in and when the Order of Selection for a specific priority group will receive services.

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Do you have more questions? Check here on our Often Asked Questions page.

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