Home

Contact

Programs

Advocacy

Staff

Contribute

Accessibility

< back

Subject: Denial of Rehabilitation Assistance

Chirico v. Office of Vocational and Educational Services for Individuals with Disabilities, New York Appellate Division, 1995

Disability Advocates represented a school guidance counselor with quadriplegia who was denied vocation rehabilitation assistance to purchase a voice activated computer necessary to eliminate pain and excessive work hours he suffered when manually typing his required paperwork on a computer. He also sought the voice activated computer to pursue career opportunities that were impossible for him without a voice activated computer because they involved more typing.  The state rehabilitation agency argued that it had no duty to ameliorate pain and, since his current job was suitable, that it had no duty to assist his career development.  The Appellate Division rejected these arguments and required that VESID provide the requested rehabilitation assistance.

Significant decisions:
Chirico v. Office of Vocational and Educational Services for Individuals with Disabilities, 211 A.D.2d 258, 627 N.Y.S.2d 815 (N.Y. App. Div. 3rd Dept. 1995)
The court rejected the rehabilitation agency’s position that vocational services are not available to alleviate a disabled individual's pain, suffering, and excessive work hours if the disabled person is able to endure these hardships and work to his employer's satisfaction.  The court also held that rehabilitation assistance must be provided to allow individual to pursue career advancement opportunities.