ACCES-VR Due Process

**ENCORE: This podcast was recorded using Zoom | December 7, 2020**

DRNY senior staff advocate, Brenda Shannon, and  previous staff advocate, Sarah Hulbert, discuss ACCES-VR’s due process, how to apply, and what to expect during each stage of the process.

** Resources**
 
ACCES-VR website: www.acces.nysed.gov/vr
VR-711 form: http://www.acces.nysed.gov/common/acces/files/vr/review-form.pdf
DRNY contact info: 518-432-7861 and www.drny.org
DRNY Fact Sheets: https://www.drny.org/page/fact-sheets-36.html

Transcript

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[MUSIC PLAYING]

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KATRIN: This is Katrin with
Disability Rights New York.

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Welcome to our podcast,
"Empire State of Rights--

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Closed Captioned."

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We are here to bring
you information

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on the most relevant
topics regarding

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disability rights and advocacy.

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Today, we welcome DRNY staff
advocates Brenda Shannon

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and Sarah Hulbert.

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They're here to discuss
ACCES-VR's due process,

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how to apply, and what to
expect during each stage

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of the process.

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Brenda, Sarah, thank you so
much for joining us today.

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BRENDA SHANNON: Good morning.

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Thank you for having us.

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SARAH HULBERT:
Thanks for having us.

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KATRIN: Brenda,
let's start with you.

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Tell our audience,
what is ACCES-VR?

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BRENDA SHANNON:
Sure, so ACCES-VR

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is an acronym for the Adult
Career and Continuing Education

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Services Vocational
Rehabilitation program.

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ACCES-VR is a state agency
that assists individuals

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with disabilities to achieve,
obtain, and maintain employment

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and to support
independent living.

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ACCES-VR supports clients with
all disabilities except those

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who have blindness,
and those clients

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would then be supported by
the New York State Commission

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for the Blind.

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Clients who are interested in
receiving ACCES-VR services can

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also visit their website
www.acces.nysed.gov/vr.

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KATRIN: And Brenda, if they're
someone who does have blindness

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and they do need ACCES-VR
services, is that a possibility

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that they can use both?

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BRENDA SHANNON: A
client can certainly

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use both the Commission
for the Blind and ACCES-VR.

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KATRIN: And Sarah,
what should someone

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do if they disagree with a
decision made by ACCES-VR?

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SARAH HULBERT: So as
a client of ACCES-VR,

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you have a right to file an
appeal relating to the decision

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made regarding your case.

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KATRIN: And Brenda,
how can someone

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apply for the appeals process?

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It sounds like it should
be pretty straightforward,

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but are there
multiple steps that

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need to happen for this
appeal process to go forward?

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BRENDA SHANNON: Sure,
so a client who's

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interested in
filing an appeal can

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ask for something that is
known as the VR-711 form,

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or also known as the Due
Process Appeals form.

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And a client can obtain
this form, either

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by calling DRNY or asking
their local district ACCES-VR

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office for a VR counselor.

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It's a pretty
straightforward form.

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It's a one-page form
that asks clients

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about their basic information,
like address, name, email,

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and then the form
asks the client

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to specify what issue
they are denying.

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So it's a pretty easy
form to fill out.

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It's not a multiple
stage process.

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Once you fill out
the form, a client

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is pretty much good to go.

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KATRIN: And is there a deadline
to fill out this request form?

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BRENDA SHANNON:
There is a deadline.

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So for ACCES-VR, a client must
fill out the due process form

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within 90 days from
the date of denial.

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So if the client
was denied services

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or if the client did not
like the decision that

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was made by ACCES-VR
on December 7,

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then they would have
90 days from that date

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to be able to appeal.

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So to clarify really
quick, a client

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doesn't just need to
have a denial of services

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from their VR agency.

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If a client receives a
decision from their counselor

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that they disagree with, so
maybe a counselor is not fully

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saying, "No, you can't
have these services",

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but a counselor saying,
"Well, how about we do

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these services
instead", a client

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still has a right to appeal.

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So you have 90 days
to file your appeal.

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And a recommendation from
the Client Assistance Program

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is that you put a 90-day
mark on your calendar.

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90 days goes by really fast.

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It's easy to get lost
in the mix of things.

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So we will always suggest
that clients put it

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on their calendar to ensure that
they don't miss their deadline.

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And another quick tip when
we're talking about due process

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is also we encourage clients
to get their denial in writing.

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Ask your counselor,
can I please have

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these services put in writing?

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Can I please have what you are
unwilling to do in writing?

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So that way it makes
it a little easier

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for when you go to
fill out the 711 form,

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you know exactly the issues at
hand that you are appealing.

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KATRIN: That's really
great information.

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And Sarah, talk to us about
how someone would file

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a due process request form.

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SARAH HULBERT: Sure, so
it's actually super easy.

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DRNY can assist you in filling
out the form if you need it.

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You can also fill
it out by yourself.

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The form should be submitted
to your local ACCES-VR district

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office.

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If for some reason you're
not sure where that would be,

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again, we can help
direct you to that place.

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And then, if you have a
Vocational Rehabilitation

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Counselor or VRC, you can
also submit the form to them

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and discuss it
with them as well.

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KATRIN: And Brenda,
what are the stages

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of the ACCES-VR due process?

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BRENDA SHANNON: So
there's three main stages

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to ACCES-VR's due process.

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The first is called the
administrative review.

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The second is a mediation.

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And the third, which
is the last stage,

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is also known as an
impartial hearing.

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The important thing to know
about all of these three stages

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is that if you choose
a higher level stage,

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you can't go back
down to a lower level.

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So for example, if you
requested an impartial hearing,

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you can't request an
administrative review

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or a mediation.

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But if you start at
the lower levels,

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such as an
administrative review,

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and you disagree
with that decision,

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then you have the right
to climb the ladder

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and request a mediation
or an impartial hearing.

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So we always like
to tell clients

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that by starting
at the lower level,

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you have more chances
to grow up the ladder.

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KATRIN: Also really good advice.

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And Sarah, talk to us about
having legal representation

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at due process.

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Is that something
that's required,

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or can people go at it alone?

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SARAH HULBERT: Sure,
so it is not required.

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You don't have to have
legal representation.

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You can choose to, though,
and you are able to have it.

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So you have the right to
have legal representation.

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You can decide to attend
the appeal by yourself

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and represent yourself,
or you can actually

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find free legal representation
through our program, the Client

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Assistance Program,
or CAP, here at DRNY.

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We cannot guarantee that
we can provide free legal

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representation for
every single client,

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but we will assess your matter
at the time that you reach out

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to us.

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KATRIN: And Brenda,
who can our audience

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contact if they have any further
questions or concerns regarding

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due process and ACCES-VR?

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BRENDA SHANNON: Sure, so if
you have further questions,

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you can certainly contact
your local district

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office for ACCES-VR.

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You can also contact
DRNY and talk to either

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our intake department at DRNY
or contact our Client Assistance

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Program.

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And DRNY's main phone
number is 518-432-7861.

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And the Client
Assistance program

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also has a fact
sheet on ACCES-VR

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if you have further
questions that you just

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want to read about.

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And this fact sheet can also
be found on DRNY's website.

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KATRIN: And DRNY's
contact information

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and the links mentioned will
be provided in the description

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of this podcast.

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Brenda, Sarah, thank you so
much for your time today.

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BRENDA SHANNON: Thank you.

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SARAH HULBERT: Thanks.

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KATRIN: "Empire
State of Rights--

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Rights New York, your source for
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