Individuals working in the community
Photo courtesy William Bronston, M.D.

Prior to a profound change in the legislation in 1992, state vocational rehabilitation agencies routinely presumed that individuals with severe disabilities were unemployable – they did not meet the second criterion. Congress determined in 1992 that the "employability" criterion was weeding out individuals with severe disabilities on the assumption that, in fact, they were too severe to be employable. So in 1992, Congress said State vocational rehabilitation agencies will assume that everybody who has a disability can work. In other words, State vocational rehabilitation agencies would have to prove the assumption wrong rather than simply assuming the person was ineligible.