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Department on Disability Services
 

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Right To Appeal

If you disagree with the eligibility decision, you have the right to appeal the decision in accordance with 34 CFR 361.57 and 29 DCMR 135 and 136. You may request any of the following:

a) Request an Informal Administrative Review Meeting

An informal administrative review meeting is a non-binding, non-adversarial process where the consumer and/or his or her authorized representative meet with the either the Chief of the Vocational Rehabilitation Services Division or the Chief of the Division Services for the Blind, in order to expeditiously and informally resolve his or her dispute(s) regarding the provision of services. In accordance with 29 DCMR 138, you must request an administrative review, in writing, within ten (10) business days of receipt of this letter. Your written request must be sent to:

Marlene Jones Kinney, Chief
Office of Quality Assurance and Federal Compliance
Department on Disability Services
Rehabilitation Services Administration
1125 15th Street NW, 9th Floor
Washington, DC 20005

b) Request Mediation

Mediation is a voluntary, informal process aimed at resolving a dispute the consumer has concerning the provision of services. Mediation is facilitated by an impartial qualified mediator; an individual who is unbiased toward the consumer and/or his or her representative and the Administration. In accordance with 29 DCMR 141, a request for mediation must be submitted in writing, within fifteen (15) business days of receipt of this letter. Your written request must be sent to:

Marlene Jones Kinney, Chief
Office of Quality Assurance and Federal Compliance
Department on Disability Services
Rehabilitation Services Administration
1125 15th Street NW, 9th Floor
Washington, DC 20005

c) Request an Impartial Due Process Hearing from an Informal Administrative Review Meeting

If the informal administrative review meeting was unsuccessful, you can request an impartial due process hearing in accordance with 29 DCMR 146 and 149. No later than fifteen (15) business days after receiving notice from the Chief of the Office of Quality Assurance and Federal Compliance, you must write a letter or file for an impartial due process hearing with the Office of Administrative Hearings located at 441 4th Street NW, Suite 450 North, Washington, DC 20001. The Office of Administrative Hearings phone number is (202) 442-9094.

d) Request an Impartial Due Process Hearing (without an Informal Administrative Review Meeting)

If you disagree with this notice, you can request an impartial due process hearing in accordance with 29 DCMR 146 and 149. No later than thirty (30) business days of receipt of this notice, you must write a letter or file for an impartial due process hearing with the Office of Administrative Hearings located at 441 4th Street NW, Suite 450 North, Washington, DC 20001. The Office of Administrative Hearings phone number is (202) 442-9094. You do not need to first request an Informal Administrative Review Meeting, if you choose this option.

e) Request an Interpreter or Other Method(s) of Communication

You have the right to request a qualified interpreter who is fluent in your primary language including sign language or other methods of communication such as auxiliary aids to ensure effective communication during an informal administrative review meeting, mediation or fair hearing.

If you have any questions about the above options, please contact Ms. Linda Grimes, Staff Assistant in the Office of Quality Assurance and Federal Compliance, at (202) 442-8670 (voice), (202) 442-8613 (TDD) and (202) 540-8468 (VP).

In addition, if you need assistance with any of these actions, you may contact:

Mr. Joseph R. Cooney
Client Assistance Program (CAP)
University Legal Services, Inc.
220 I Street NE, Suite 103
Washington, DC 20002

CAP’s telephone number is (202) 547-4747 (voice) and (202) 543-4658 (TDD). Assistance from CAP is available at no cost to you.