40 TAC § 856.22. Trial Work

(a) Trial work is used only to determine whether an applicant with a significant disability is capable of achieving an employment outcome.

(b) VRD provides only the vocational rehabilitation services necessary to determine if the applicant is capable of achieving an employment outcome. Services are provided in the most integrated setting possible, consistent with the informed choice of the applicant.

(c) VRD may terminate trial work services when:

(1) there is sufficient evidence to conclude that the applicant can achieve an employment outcome;

(2) the applicant is found ineligible for any additional vocational rehabilitation services on the basis of clear and convincing evidence that the applicant cannot be expected to benefit in terms of an employment outcome from vocational rehabilitation services; or

(3) the applicant is unavailable for services.

(d) When an applicant is determined ineligible for vocational rehabilitation services after trial work, VRD conducts a periodic review at least annually of the ineligibility decision in which the applicant is afforded a clear opportunity for full consultation in the reconsideration of the decision. A periodic review is not required when the applicant has refused services, the applicant has refused a periodic review, the applicant is no longer present in the state, the applicant's whereabouts are unknown, or the applicant's medical condition is rapidly progressive or terminal.