CAP Services for Individuals

CAP provides the following types of advocacy services. The type of advocacy service we provide is based on the individual needs of the caller. CAP is required to use the appeal process as a last resort, so CAP staff will want to use other methods of dispute resolution before filing an appeal. If you think you need to appeal a DVR decision and want CAP assistance, you need to contact us before you file for an appeal.

• Information & Referral
  
  An individual will call us for information on what DVR or an Independent Living (IL) Center can or cannot do. A service provider or counselor will call CAP for information on the law, policy, or best practices.
  
  
• Advice or Interpretation
  
  Helping the consumer advocate for himself or herself by explaining the law or policy that pertains to their situation. Coaching the person on how to work more effectively with DVR or IL Center staff. A DVR counselor will not be contacted unless the consumer gives us permission.
  
  
• Negotiation (Most used service)
  
  CAP will get the consumer’s written permission to review the file, inform the consumer of our findings, and work with DVR staff and the consumer to resolve the differences on the issues.
  
  
• Administrative review
  
  CAP will meet with the counselor’s supervisor to discuss the complaint. This is done when CAP cannot resolve the complaint with the counselor or when the supervisor is the actual party that is denying the service.
  
  
• Mediation (Least used service)
  
  CAP can act as a mediator when you want to work out your differences with DVR and act as your own advocate. CAP is a neutral party in mediation. CAP can also assist you by explaining the mediation process if you want to work with a DVR mediator.
  
  
• Formal appeal / Fair hearing
  
  CAP can assist with appeals in two ways: Advisory or Representation. CAP can only assist with appeals that have legal merit, which means the law and evidence supports what the person is requesting.
  
  Advisory Assistance is given to an individual who wants to handle his or her own appeal. We will offer information on policy and the law.
  
  Representation means a person is asking CAP to take charge of the appeal process and work with the individual to develop the case for appeal. CAP staff file the appeal papers to insure that law and policy issues are addressed. CAP must be involved in all discussions with DVR. CAP gives the presentation at the appeal addressing two things: how the law supports the request and how the evidence supports the request (that the service will lead to the employment outcome). The individual participates in the process as a witness, answering questions from CAP and offering evidence in the form of testimony.
  
  If you want CAP to represent you in an appeal, you must contact us before the appeal is filed. We cannot promise representation on an appeal that is in progress.
  
  
• Legal remedy
  
  If CAP loses an appeal that has clear merit under the law, CAP will fund the legal costs of taking the matter to circuit court for a judicial review of the hearing officer’s decision. Judicial review seeks to have a judge overturn the decision of the hearing officer. The judge may uphold the decision, overturn it, or remand it back to DVR.
  
  CAP cannot provide legal help to sue an agency for monetary damages.

More Information

Please contact the CAP staff for more information or to inquire about obtaining services available from the Client Assistance Program.