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NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 17 Rev. 3/2022 Part C - Questions and Answers Temporary Assistance Q.1 Do progressive Family Assistance and Safety Net funded assistance employment sanctions build on each other? A.1 Family Assistance sanctions count when determining the sanction progression for an individual receiving Safety Net funded assistance, but not vice versa. Q.2 Can we discontinue the benefits of exempt individuals for not following their treatment plan? A.2 This requirement should be reviewed on a case-by-case basis. An exempt individual should only be required to engage in recommended treatment when medical documentation supports treatment as a reasonable option for the individual to improve their condition enough to engage in work activities. Individuals may only be assigned to reasonable medical care, vocational rehabilitation or treatment determined by a medical professional to be necessary to improve the individual’s ability to work. It is expected that individuals who can be restored to self-sufficiency will cooperate with a medically prescribed treatment plan designed to rehabilitate the client to the point where they can participate in work activities. If the client fails to cooperate with their treatment plan, districts can discontinue the individual’s needs from the case. The individual would remain ineligible for assistance until the individual returns to treatment or presents information to verify treatment is no longer necessary. Q.3 Can districts require sanctioned individuals to sign a statement indicating their willingness to comply as part of the district’s demonstrated compliance process? A.3 While districts may have a process in place to obtain a client’s expression of willingness to comply in writing, there is no requirement in OTDA policy or in employment regulations at 18 NYCRR 385.12 for an individual to sign a willingness to comply statement in order to end an employment sanction at the end of the durational sanction period. Additionally, when a client demonstrates compliance with any employment requirement or work activity as assigned by the district, or reports they have obtained employment and provides documentation to verify their earnings or an exemption for work requirements to the district as required, the sanction must be lifted regardless of the presence of a signed willingness to comply statement from the individual. SNAP Q.4 Can a sanctioned individual be added to the case if they become exempt during the sanction period?