---
kind: "range"
citation: "20 C.F.R. §§ 416.2201–416.2203"
title: "20"
from: "416.2201"
to: "416.2203"
count: 3
url: "https://uscodex.org/cfr/20/416.2201..416.2203"
---

# §416.2201. General.


In general, sections 1615(d) and (e) of the Social Security Act (the Act) authorize payment from the general fund for the reasonable and necessary costs of vocational rehabilitation (VR) services provided certain disabled or blind individuals who are eligible for supplemental security income (SSI) benefits, special SSI eligibility status, or federally administered State supplementary payments. In this subpart, such benefits, status, or payments are referred to as disability or blindness benefits (see [§ 416.2203](/cfr/20/416.2203.md)). Subject to the provisions of this subpart, payment may be made for VR services provided an individual during a month(s) for which the individual is eligible for disability or blindness benefits, including the continuation of such benefits under section 1631(a)(6) of the Act, or for which the individual's disability or blindness benefits are suspended (see [§ 416.2215](/cfr/20/416.2215.md)). Paragraphs [(a)](#a) and [(b)](#b) of this section describe the cases in which the State VR agencies can be paid for the VR services provided such an individual under this subpart. The purpose of sections 1615(d) and (e) of the Act is to make VR services more readily available to disabled or blind individuals and ensure that savings accrue to the general fund. Payment will be made for VR services provided on behalf of such an individual in cases where—

- (a) The furnishing of the VR services results in the individual's completion of a continuous 9-month period of substantial gainful activity (SGA) as specified in [§§ 416.2210 through 416.2211](/cfr/20/416.2210..416.2211.md); or
- (b) The individual continues to receive disability or blindness benefits, even though his or her disability or blindness has ceased, under section 1631(a)(6) of the Act because of his or her continued participation in an approved VR program which we have determined will increase the likelihood that he or she will not return to the disability or blindness rolls (see [§ 416.2212](/cfr/20/416.2212.md)).

# §416.2202. Purpose and scope.


This subpart describes the rules under which the Commissioner will pay the State VR agencies for VR services. Payment will be provided for VR services provided on behalf of disabled or blind individuals under one or more of the provisions discussed in [§ 416.2201](/cfr/20/416.2201.md).

- (a) [Sections 416.2201 through 416.2203](/cfr/20/416.2201..416.2203.md) describe the purpose of these regulations and the meaning of terms we frequently use in them.
- (b) [Section 416.2204](/cfr/20/416.2204.md) explains how State VR agencies may participate in the payment program under this subpart.
- (c) [Reserved]
- (d) [Sections 416.2208 through 416.2209](/cfr/20/416.2208..416.2209.md) describe the requirements and conditions under which we will pay a State VR agency under this subpart.
- (e) [Sections 416.2210 through 416.2211](/cfr/20/416.2210..416.2211.md) describe when an individual has completed a continuous period of SGA and when VR services will be considered to have contributed to that period.
- (f) [Section 416.2212](/cfr/20/416.2212.md) describes when payment will be made to a VR agency because an individual's disability or blindness benefits are continued based on his or her participation in a VR program which we have determined will increase the likelihood that he or she will not return to the disability rolls.
- (g) [Sections 416.2214 through 416.2215](/cfr/20/416.2214..416.2215.md) describe services for which payment will be made.
- (h) [Section 416.2216](/cfr/20/416.2216.md) describes the filing deadlines for claims for payment for VR services.
- (i) [Section 416.2217](/cfr/20/416.2217.md) describes the payment conditions.
- (j) [Reserved]
- (k) [Section 416.2219](/cfr/20/416.2219.md) describes how we will make payment to State VR agencies for rehabilitation services.
- (l) Sections [416.2220](/cfr/20/416.2220.md) and [416.2221](/cfr/20/416.2221.md) describe the audits and the prepayment and postpayment validation reviews we will conduct.
- (m) [Section 416.2222](/cfr/20/416.2222.md) discusses confidentiality of information and records.
- (n) [Section 416.2223](/cfr/20/416.2223.md) provides for the applicability of other Federal laws and regulations.
- (o) [Section 416.2227](/cfr/20/416.2227.md) provides for the resolution of disputes.

# §416.2203. Definitions.


For purposes of this subpart:

Accept the recipient as a client for VR services means that the State VR agency determines that the individual is eligible for VR services and places the individual into an active caseload status for development of an individualized written rehabilitation program.

Act means the Social Security Act, as amended.

Blindness means “blindness” as defined in [section 1614(a)(2)](/cfr/20/1614.md?p=a-2) of the Act.

Commissioner means the Commissioner of Social Security or the Commissioner's designee.

Disability means “disability” as defined in [section 1614(a)(3)](/cfr/20/1614.md?p=a-3) of the Act.

Disability or blindness benefits, as defined for this subpart only, refers to regular SSI benefits under section 1611 of the Act (see [§ 416.202](/cfr/20/416.202.md)), special SSI cash benefits under section 1619(a) of the Act (see [§ 416.261](/cfr/20/416.261.md)), special SSI eligibility status under section 1619(b) of the Act (see [§ 416.264](/cfr/20/416.264.md)), and/or a federally administered State supplementary payment under section 1616 of the Act or section 212(b) of Public Law 93-66 (see [§ 416.2001](/cfr/20/416.2001.md)), for which an individual is eligible based on disability or blindness, as appropriate.

Medical recovery for purposes of this subpart is established when a disabled or blind recipient's eligibility ceases for any medical reason (other than death). The determination of medical recovery is made by the Commissioner in deciding a recipient's continuing eligibility for benefits.

Place the recipient into an extended evaluation process means that the State VR agency determines that an extended evaluation of the individual's VR potential is necessary to determine whether the individual is eligible for VR services and places the individual into an extended evaluation status.

SGA means substantial gainful activity performed by an individual as defined in [§§ 416.971 through 416.975](/cfr/20/416.971..416.975.md) of this subpart or [§ 404.1584](/cfr/20/404.1584.md) of this chapter.

Special SSI eligibility status refers to the special status described in [§§ 416.264 through 416.269](/cfr/20/416.264..416.269.md) relating to eligibility for Medicaid.

State means any of the 50 States of the United States, the District of Columbia, or the Northern Mariana Islands. It includes the State VR agency.

Vocational rehabilitation services has the meaning assigned to it under title I of the Rehabilitation Act of 1973.

VR agency means an agency of the State which has been designated by the State to provide vocational rehabilitation services under title I of the Rehabilitation Act of 1973.

We, us, and our refer to the Social Security Administration (SSA).