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

Section 385.2 – Page 13

Rev. 4/2025 limit participation. It is important to note that the presence of a barrier does not automatically mean that an individual is exempt. Districts must evaluate the extent to which an individual’s barrier(s) affects participation in employment activities. Workers may be able to identify possible barriers to participation through the use of screening, assessments, or case management. Some barriers are not readily apparent and may become more evident over time. For example, as a worker gets to know an individual through case management contacts, the worker may begin to suspect possible unidentified barriers impeding the individual’s progress. The worker could then address the suspected barrier with the individual and discuss identifying the disability/limitation so it can be appropriately accommodated. Individuals who claim to be work limited or exempt from work requirements must comply with the disability review procedure to have any limitations accommodated. Individuals may not be required to disclose a disability and may choose to participate in employment activities without accommodation. Districts may choose to offer screening and have trained staff administer validated screening tools to specifically identify individual barriers to work. For example, the Washington State screening tool for learning disabilities identifies those individuals who are likely to be learning disabled. The Modified Mini Screen (MMS) Mental Health Screening Tool is also available to help districts determine when it is appropriate to make a mental health evaluation referral. Further information about the MMS is available in 15-ADM-04. The district is not required to notify individuals of the results of screening because screening alone does not render a determination of disability or impairment. If the screening indicates the individual may have a work-related barrier, the district should obtain a qualified professional’s assessment of the extent to which a barrier exists, how it affects the individual’s ability to participate in work activities and then determine how it can best be accommodated. Districts administering validated screening tools must indicate in their biennial employment plan a description of the district’s screening policy and procedures. Notification of Exempt/Non-Exempt Status Districts must notify an individual of its exempt/non-exempt determination whenever an individual alleges to be unable to participate, or the individual otherwise participates in the employability disability review described in 18 NYCRR 385.2. Districts must also notify an individual whenever their status changes from exempt to non-exempt. Districts must use the Notification of Temporary Assistance Work Requirements Determination (Exempt) (LDSS 4005) or Notification of Temporary Assistance Work Requirements Determination (Nonexempt) (LDSS 4005(a) (or an approved local equivalent) to notify an individual of its determination. These notices and related instructions are contained in Appendix C of the manual. Districts must issue the LDSS-4005 or LDSS-4005(a) under the following circumstances: • Whenever an individual alleges to be unable to participate (for medical or nonmedical reasons);