Appealing Division of Vocational Rehabilitation Denials
Self-advocacy guide for people with disabilities on how to appeal denials by the Division of Vocational Rehabilitation.
This resource is a general guide for people with disabilities and is not legal advice. For legal advice specific to your situation, please talk with an attorney.
What can I do if the Division of Vocational Rehabilitation (DVR) denies my request?
When a good or service you ask for is denied, reduced, paused, or stopped, the Division of Vocational Rehabilitation (DVR) must give you information about your appeal rights in writing using your preferred method of communication.
If you appeal, you may be able to continue receiving previously approved goods or services while the appeal is pending if you ask to continue them.
What are my appeal rights?
When DVR denies a request, your counselor should give you a denial letter explaining the reasons for the decision.
Advocacy Tip
If you do not receive a denial letter, you can ask for one. Read the denial letter carefully and consider each reason DVR gives for denying your request. Think about whether you have additional information that could address those reasons.
The denial letter should include a Consumer Rights/Appeals Statement describing your rights and the appeal process. You can find more information about what should be included in a denial letter and examples of DVR decisions you can appeal.
How can I appeal a DVR decision?
You can appeal or challenge a DVR decision in three ways:
Informal Review
Mediation
Impartial Hearing
Ways to Appeal or Challenge a DVR Decision
Informal Review
If you cannot resolve the issue with your DVR counselor, one option is to ask for an Informal Review. You can contact the DVR office's Supervisor or Director and ask them to review the decision.
Advocacy Tip
Explain in writing why you are requesting an Informal Review and keep a copy of your request. Ask whether DVR needs additional information to understand your request. You may be able to provide information that helps address the reasons for the denial.
Mediation
Mediation involves one or more meetings with an Administrative Law Judge (ALJ). The ALJ guides a discussion between you and DVR to try to resolve the issue. Both you and DVR must agree to participate in mediation.
Advocacy Tip
Information that may be helpful during mediation includes:
Information about your disability and any accommodations you need.
Your employment goal.
Why you need the good or service you requested to reach your employment goal.
Letters from your providers explaining why you need the good or service to reach your goal.
Why the alternative DVR is offering will not work for you.
Impartial Hearing
An Impartial Hearing is a formal proceeding where you and DVR explain your positions to an Administrative Law Judge (ALJ). The ALJ reviews the facts and applicable policies and decides whether DVR made the correct decision when it denied your request.
As part of preparing for the hearing, you will have a call or meeting with the ALJ where you can ask questions and provide dates when you are available for the hearing. Hearings may be held by phone or in person.
You and DVR will provide information to the ALJ before the hearing. During the hearing, the ALJ may ask questions of both you and DVR. After the hearing, the ALJ will issue a written decision about whether to reverse DVR's denial and grant your request or uphold DVR's decision.
Advocacy Tip
You must give DVR a copy of anything you provide to the ALJ. You will also receive copies of information DVR provides to the ALJ. Review these materials carefully before the hearing.
During the hearing, try not to interrupt while DVR explains its position. You will have an opportunity to respond. Be prepared to address the reasons DVR gave for denying your request and explain why you believe the requested good or service is necessary.
Learn More About Your Rights and Responsibilities
You can find additional information about DVR consumer rights, responsibilities, and due process in the DVR Program and Policy Manual.
Funding Disclaimer
The contents of this publication were developed under a grant from the U.S. Department of Education (Department). The Department does not mandate or prescribe practices, models, or other activities described or discussed in this document.
The contents of this guide may contain examples, adaptations, and links to resources created and maintained by other public or private organizations. The Department does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information.
The content of this guide does not necessarily represent the policy of the Department. This publication is not intended to represent the views or policy of, or be an endorsement of any views expressed or materials provided by, any federal agency.
