Vocational Rehabilitation Guides

Four short guides for problems people often hit before an appeal: waiting lists, assistive technology, self-employment, and keeping health coverage when you work. Every rule is quoted and linked to its official source.

Four short guides. Each one tells you what the agency must do, and where the rule is.

Not legal advice. Amplify Accessibility and EMILY are not lawyers. This page is information copied from official sources, with links so you can check every rule yourself. Rules can change. For free advocacy with vocational rehabilitation, contact your state's Client Assistance Program (CAP): California 800-776-5746 (TTY 800-719-5798); New Hampshire 603-271-2773.

Guide 1: Waiting lists (order of selection)

When a state VR agency cannot serve everyone who is eligible, it must use a written "order of selection." People with the most significant disabilities are served first. Others wait, but still get information and referral.

Some states have a waiting list. People with the most serious limits go first. You can ask to be moved up.

What the agency must do

  • If the agency cannot serve everyone, it must use a written order of selection that serves people with the most significant disabilities first, and refer others to information and referral services. The rule says: “individuals with the most significant disabilities will be selected first for the provision of vocational rehabilitation services” Source: 34 CFR 361.36(a)(3)(iv)(A)
  • If you are on a waiting list, the agency must still give you access to its information and referral system. The rule says: “Individuals who do not meet the order of selection criteria will have access to services provided through the information and referral system” Source: 34 CFR 361.36(a)(3)(iv)(B)
  • Waiting-list categories must be based on how significant your disability is, using the federal definition. The rule says: “An order of selection must be based on a refinement of the three criteria in the definition of individual with a significant disability” Source: 34 CFR 361.36(d)(1)
  • Your category cannot be based on your type of disability, age, where you were referred from, the job you want, the cost of your services, or your income. The rule says: “An order of selection may not be based on any other factors, including” Source: 34 CFR 361.36(d)(2)
  • The agency must tell you all the categories, which one you are in, and that you can appeal it. The rule says: “Notify all eligible individuals of the priority categories in a State's order of selection, their assignment to a particular category, and their right to appeal their category assignment” Source: 34 CFR 361.36(e)(2)
  • If you were already getting services on your plan before the waiting list started, those services must continue. The rule says: “must continue to provide to an eligible individual all needed services listed on the individualized plan for employment if the individual had begun receiving such services prior to the effective date” Source: 34 CFR 361.36(e)(3)(ii)
  • The agency's assessment is also used to place you in a priority category. The rule says: “To assign priority for an order of selection” Source: 34 CFR 361.5(c)(5)(i)(A)(2)
  • You can ask for a review of any decision that affects your services. The rule says: “dissatisfied with any determination made by personnel of the designated State unit that affects the provision of vocational rehabilitation services may request” Source: 34 CFR 361.57(a)

Self-assessment: the seven functional capacities

The federal definition of a significant disability names seven functional capacities. For each one that applies, write how your disability seriously limits it in terms of work. Be specific: what happens, how often, and what help you need.Write how your disability limits you in each area that fits. Say what happens and what help you need.

  • A "significant disability" means a serious limit in at least one of 7 areas: mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills. The rule says: “seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome” Source: 34 CFR 361.5(c)(30)(i)
My functional limits

Saved only in this browser tab. Then open Letter 3: priority category review.

Not covered yet

Each state's own priority categories and its definition of "most significant disability." Ask your agency for them in writing.

Guide 2: Assistive technology through VR

Assistive technology is a VR service. Your plan must list the devices and services you need, with timelines. In California, a state regulation also says who owns the equipment when your case closes.

VR can pay for technology you need for work. It must be written into your plan with dates. In California there is a rule about who keeps it after your case closes.

What the agency must do

  • The agency must make the listed services available when you need them for your job goal. The rule says: “the designated State unit must ensure that the following vocational rehabilitation services are available” Source: 34 CFR 361.48(b)
  • Assistive and rehabilitation technology is one of the services on that list. The rule says: “Rehabilitation technology in accordance with the definition of that term in § 361.5(c)(45), including vehicular modification, telecommunications, sensory, and other technological aids and devices” Source: 34 CFR 361.48(b)(17)
  • "Rehabilitation technology" includes assistive technology devices and services. The rule says: “The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.” Source: 34 CFR 361.5(c)(45)
  • Your plan must describe the specific services you need, including assistive technology and personal assistance services when appropriate. The rule says: “including, as appropriate, the provision of assistive technology devices, assistive technology services, and personal assistance services” Source: 34 CFR 361.46(a)(2)(i)
  • Your plan must include timelines for when services start and when you reach your job goal. The rule says: “Include timelines for the achievement of the employment outcome and for the initiation of services” Source: 34 CFR 361.46(a)(4)
  • The agency's written policies cannot set arbitrary limits on the services you need to reach your job goal. The rule says: “The written policies may not establish any arbitrary limits on the nature and scope of vocational rehabilitation services to be provided to the individual to achieve an employment outcome” Source: 34 CFR 361.50(a)
  • When your case closes after you get a job, the agency must tell you that help after employment is available. The rule says: “The individual is informed through appropriate modes of communication of the availability of post-employment services.” Source: 34 CFR 361.56(d)
  • Federal rules give needing assistive technology to keep your job as an example of a post-employment service. The rule says: “the individual requires assistive technology to maintain the employment” Source: 34 CFR 361.5(c), note on post-employment services

California: who owns the equipment

  • In California, DOR owns equipment it loans you during your plan until one of the events below happens. The rule says: “The Department shall retain title to the property until one of the following occurs” Source: 9 CCR 7194(a)
  • If your case closes successfully and the counselor decides the equipment is essential to your job, it becomes yours (after any cost share you owe is paid). The rule says: “Essential to the client's employment, the ownership shall be transferred to the client” Source: 9 CCR 7194(a)(1)(A)
  • If it is not essential to your job, you may buy it at fair market value, or return it. The rule says: “the property may be purchased by the client at a fair market value” Source: 9 CCR 7194(a)(1)(B)
  • If your plan stops and the case closes without a job, you return the equipment unless you buy it. The rule says: “the property shall be returned to the Department unless the client purchases it at fair market value” Source: 9 CCR 7194(a)(2)
  • Wheelchairs, hearing aids, eyeglasses and other restoration devices, and equipment customized for you, become yours right away (after any cost share you owe is paid). The rule says: “Customized equipment that has been modified to meet the individual client's needs” Source: 9 CCR 7194(b)

Steps you can take

  • Ask that your plan name the exact device or software and a delivery date.
  • If delivery is late, ask in writing when it will arrive, and cite the timeline in your plan.
  • Before your case closes, ask in writing who will own each item.
  • Need an evaluation first? Use Letter 1.

Not covered yet

Ownership of equipment after case closure under federal rules or in New Hampshire. We did not find an official rule, so ask your agency for its written policy.

Guide 3: Self-employment and a PASS

Self-employment and business ownership count as an employment goal in VR. VR can help with market research, business plans, tools, equipment and starting stock. If you get SSI, a Plan to Achieve Self-Support (PASS) can let you set aside income for your goal without losing SSI for it.

You can start your own business with VR. VR can help with a business plan and tools. If you get SSI, a PASS lets you save money for your goal.

What VR rules say

  • Self-employment and owning a business count as a job goal (employment outcome). The rule says: “(including customized employment, self-employment, telecommuting, or business ownership)” Source: 34 CFR 361.5(c)(15)
  • Help with market research and business plans is a service for people starting a business. The rule says: “Technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources” Source: 34 CFR 361.48(b)(19)
  • That help is for people whose goal is self-employment, working from home, or a small business. The rule says: “to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome” Source: 34 CFR 361.48(b)(19)
  • Licenses, tools, equipment, and starting stock and supplies are on the list of services. The rule says: “Occupational licenses, tools, equipment, initial stocks, and supplies.” Source: 34 CFR 361.48(b)(16)
  • The agency must give you, or help you get, the information you need to choose your services and who provides them. The rule says: “must provide the individual or the individual's representative, or assist the individual or the individual's representative in acquiring, information necessary to make an informed choice about the specific vocational rehabilitation services, including the providers of those services” Source: 34 CFR 361.52(c)
  • The agency's written policies cannot set arbitrary limits on the services you need to reach your job goal. The rule says: “The written policies may not establish any arbitrary limits on the nature and scope of vocational rehabilitation services to be provided to the individual to achieve an employment outcome” Source: 34 CFR 361.50(a)

PASS (Social Security)

  • With an approved PASS, SSI does not count income you set aside for your work goal. The rule says: “that you use or set aside to use for expenses that we determine to be reasonable and necessary to fulfill an approved plan to achieve self-support” Source: 20 CFR 416.1180
  • You can write a PASS yourself or with Social Security's help. The rule says: “You may develop a plan to achieve self-support on your own or with our help.” Source: 20 CFR 416.1180
  • A PASS must be written, approved by Social Security, designed for you, and have one job goal you can reasonably reach. The rule says: “Have a specific employment goal that is feasible for you” Source: 20 CFR 416.1181(a)

Not covered yet

Each state VR agency's own self-employment policy (for example, business plan review steps and funding limits), and the PASS application form. Ask Social Security or a benefits counselor for the current PASS form.

Guide 4: Working without losing health coverage (the "benefits cliff")

Many people fear that a job will cost them Medicaid (Medi-Cal in California) or SSI. Federal rules have protections. Section 1619(b) can keep your Medicaid when earnings stop your SSI check. An ABLE account lets you save without most of it counting against SSI. Free benefits counseling (WIPA) can look at your exact situation.

A job does not always mean losing Medi-Cal or Medicaid. There are rules that protect you. Free benefits counselors can help you plan.

Section 1619(b): keeping Medicaid

  • Section 1619(b) lets you keep Medicaid (Medi-Cal in California) when your earnings stop your SSI check. The rule says: “The special SSI eligibility status applies for the purposes of establishing or maintaining your eligibility for Medicaid.” Source: 20 CFR 416.264
  • One condition: losing Medicaid would seriously get in the way of your ability to keep working. The rule says: “The termination of your eligibility for Medicaid would seriously inhibit your ability to continue working” Source: 20 CFR 416.265(c)
  • Social Security compares your yearly earnings to a limit set for your state. The rule says: “to a threshold amount for your State of residence” Source: 20 CFR 416.269(b)

ABLE accounts

  • You can have an ABLE account if your disability began before age 46 (this age applies to tax years starting after December 31, 2025). The rule says: “such blindness or disability occurred before the date on which the individual attained age 46” Source: 26 U.S.C. 529A(e)(1)(A)
  • The age-46 rule started with tax years beginning after December 31, 2025. The rule says: “shall apply to taxable years beginning after December 31, 2025” Source: Pub. L. 117-328, div. T, sec. 124(b) (note to 26 U.S.C. 529A)
  • For SSI, only the part of your ABLE account above $100,000 counts as a resource. The rule says: “shall be considered a resource of the designated beneficiary to the extent that such amount exceeds $100,000” Source: ABLE Act of 2014, sec. 103(a)(2) (note to 26 U.S.C. 529A)
  • If SSI is paused because your ABLE account is over $100,000, you are treated as still getting SSI for Medicaid. The rule says: “No impact on medicaid eligibility” Source: ABLE Act of 2014, sec. 103(b)(2) (note to 26 U.S.C. 529A)

Free benefits counseling (WIPA)

Not covered yet

Medicare for people on SSDI who work, Section 8 and other housing rules, CalFresh, Medi-Cal's working disabled program, and each state's 1619(b) dollar threshold. We will add these only after checking official sources. A WIPA counselor can answer these for you now.

Last checked against official sources: October 22, 2026.