The North Carolina Client Assistance Program (NCCAP) is a federally mandated and funded advocacy and education program for consumers of the public rehabilitation programs (Vocational Rehabilitation Services, Services for the Blind, their Independent Living Programs, and the Centers for Independent Living).  NCCAP educates people with disabling conditions about their rights and benefits under the Rehabilitation Act of 1973 (as amended) and Title I of the ADA. We provide alternative dispute resolution (ADR) and advocacy services when applicants or consumers of the public rehabilitation programs find themselves in a conflict or disagreement with the agency. We also inform and educate consumers about agency policy, of their right to due process, and can represent consumers in that process. NCCAP is here to help educate, guide, and support people in their relationship with the public rehabilitation/independent living programs. 

      SILC quarterly report    -      July 2014
1. This consumer contacted the Client Assistance Program (NCCAP) with the complaint that the Independent Living Program (VR/IL) would not provide him a strap for his heavy duty lift so that he could utilize it to transport both his manual wheelchair and his power wheelchair. The consumer explained that he wants to be able to utilize a lynchpin system so that he can change the strap required by each chair.  He believes that the vendor has warranted the equipment for this and that the warranty from the vendor takes the place of the manufacturer’s warranty on the equipment.  An additional hole was drilled in the lift arm by the vendor, but it is unclear who authorized this. NCCAP investigated the consumer’s concern. According to the VR/IL engineer in charge of vehicle modifications, this alteration makes the arm unsafe for lifting the power chair. VR/IL therefore declined to provide the consumer with the strap/harness needed to use the lift in this manner.  An important related issue is the placement of the consumer’s tool box in the bed of the truck.  This placement positions the lift in a place that does not meet manufacturer specifications for safety and is another reason VR/IL declined to provide the service. The agency contends that they cannot provide him with the harness since it may allow him to use the equipment in an unsafe manner.  The client is unwilling to change the location of the tool chest in order to have the lift mounted as the manufacturer specifies.  The NCCAP advocate did provide mediation services and informed the consumer of his right to due process. A mutually acceptable agreement could not be reached, and the consumer has moved into the Appeals Hearing process. NCCAP has decided not to support him at the Hearing, due to the cited safety concerns.   
2.  A consumer contacted the Client Assistance Program (NCCAP) because she needed help trying to figure out who would be able to assist her.  Her diagnoses include low vision and COPD.  She is legally blind in both eyes.  
She has no central vision and only low peripheral vision. When she called, she reported having a case with Services for the Blind Independent Living (DSB-IL), Vocational Rehabilitation Independent Living (DVR/IL), and a case with Services for the Blind Vocational Rehabilitation (DSB/VR).  She had also asked the county social worker for the blind for help. The consumer requested a front door repair because due to her vision deficits, she was repeatedly tripping over it.  She also requested her back steps be repaired because she was afraid of falling.  Finally, she requested keyboarding and computer training to be able to go to work in the future. It was clear that due to her visual and physical limitations, as well as her mobility issues, she could benefit from orientation and mobility training, and that her needs could not be addressed solely by any one of the agencies involved. 
NCCAP investigated the case and found that DSB/VR had requested the consumer come to Raleigh for an evaluation at the Rehabilitation Center.  This did not occur because the consumer is a single mom, and could not leave her child at home for the weeklong evaluation.  The request for computer skills training and communication devices was found to be on hold for more than a year waiting for the consumer to make child care arrangements.  DSB/VR wanted to close the case because they were unable to move forward until the client could be assessed.   DSB/IL had already closed her case after having assisted her with some visual aids.  NCCAP did find her to have a Social Worker for the Blind who provided her with several resources in the community, and she also did have an open DVR/IL case. The record showed that DVR/IL had completed modifications to the residence in the past. DVR/IL decided that the work the consumer was requesting on the front door and back steps was repair work and not modifications, and therefore, denied her request. NCCAP intervened and staffed the case with the Rehab Engineer Specialist in Raleigh. He agreed that there were significant safety issues that would allow for VR/IL to provide the service. The consumer became caught between DSB and DVR, each of whom felt the other should do the work.   NCCAP met with Independent Living Program Coordinator and the DVR Chief of Policy to discuss the case.  NCCAP also advised the consumer that she could appeal the delay in services.  The IL Program Coordinator agreed that it made sense for DVR/IL to help her with the front door and back steps and the Chief of Policy agreed. The process then moved forward, the repair work was completed, and the consumer was advised to remain in touch with DSB/VR and to inform them when she was ready for employment.   
      John Marens CRC, LCAS 
      Director – NCCAP
NCCAP SILC Report July 2014
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