Page 12

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

Section 385.2 – Page 12

Rev. 4/2025 • disabled or incapacitated and unable to work in accordance with the disability review procedure; • needed in the home full-time to care for a disabled household member; • pregnant, beginning 30 days prior to the medically verified due date; or • parent or caretaker of a child under three months of age. (Note: An individual may be exempted for this reason for a lifetime total of 12 months. The district may choose to extend the exemption beyond three months for one child up to the 12-month maximum.) Client Notification TA applicants and recipients are notified through Book 1: What You Should Know About Your Rights and Responsibilities (LDSS-4148A) of the factors that may exempt them from work requirements. Districts are required to distribute the booklets to clients at application and recertification. Districts must also verbally discuss the exemptions (e.g., at orientation and during assessment) to ensure that those with difficulty reading and/or comprehending the written material are adequately informed. When explaining exemptions, districts should inform individuals of the following: • A disability will not disqualify the individual from receiving TA benefits. • Disclosure of a disability is voluntary unless the individual has demonstrated an inability to fully participate in work activities (more information on voluntary disclosure is provided below in Exemptions to Voluntary Disclosure). • Health-related information about the individual will be kept confidential. • Accommodations and services which are available to individuals with identified disabilities. • The different types of barriers that exist (e.g., physical disabilities, mental health issues, learning disabilities, caretaker of ill household members). • Any work activity assignments will be made consistent with the individual’s documented limitations, if any. These notifications have been incorporated into the “Rights and Responsibilities” booklet (LDSS 4148A.) A stand-alone model notice is also available for district use (see Section Fifteen.) Identifying Barriers When making the exempt/non-exempt determination, districts evaluate an individual’s specific abilities and barriers pertaining to any claimed medical exemption to determine the most appropriate employment assignment. To make the correct exempt/non-exempt determination, it is necessary to identify factors, including an individual’s specific abilities and barriers, that could