“Multiple chemical sensitivity” not recognized as disability eligible for vocational rehabilitation services

Topic: Vocational Rehabilitation, Decided by: Judge Schroer 
Docket Number: 0000000 , Decision Date: February 28, 2024 
Attachment: Click here to download the decision. 

This case involved a recipient of vocational rehabilitation services who alleged multiple procedural violations by the Georgia Vocational Rehabilitation Agency (GVRA) in the process of determining her eligibility, as well as discrimination for not considering her diagnosis of “multiple chemical sensitivity” (MCS) when providing services. The Court concluded that the applicant sufficiently proved that multiple procedural violations by the agency had occurred, including a failure to meet the 60-day deadline for determining eligibility, failure to consider the applicant’s anxiety as a separate impairment for determining her priority level, failure to conduct a comprehensive needs assessment, and failure to offer timely post-employment services. However, the Court rejected the applicant’s claims regarding the GVRA’s refusal to recognize the MCS diagnosis, because the medical documentation she provided was not from a specialist and because MCS has not been widely accepted as a disability either by prior courts or by the medical field.

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