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

Section 385.2 – Page 17

Rev. 4/2025 • The benefits of identification, including the accommodations and services which are available to individuals with documented disabilities; and, • If the individual chooses to not disclose a disability or cooperate with efforts to identify a disability, the individual may be required to participate in work activities without accommodation. Waiver of Accommodations Districts should document in writing in the case record when an individual with a suspected disability refuses to participate with efforts to verify the disability and chooses to participate in work activities without accommodation. A sample waiver is available for district use that describes the requirements and benefits to the individual and has a place for the individual to sign acknowledging they have been informed and chooses to participate without accommodation. These individuals would be non-exempt and assigned to work activities without applying the disability review procedure. See Appendix A for the sample waiver form. Voluntary Screening and Assessment of Disability Districts are not limited in their ability to assess an individual’s non-health related barriers if the assessment is not intended to identify a disability. For example, assessments that determine an individual’s education level, literacy level or English language proficiency are not intended to identify any specific disability and the district may require the individual’s cooperation as part of the mandatory assessment. Exceptions to Voluntary Disclosure General screening for a disability under TA programs must be voluntary for the individual; however, there are circumstances when identification and treatment for a disability is critical to program administration. Under these circumstances, an individual may be required to participate in efforts to evaluate a suspected disability and participate in necessary treatment. Districts may require an individual to participate in a screening and evaluation of a suspected disability under the following circumstances: • If an individual claims to be unable to work, or is limited in their ability to work due to a disability, the individual may be required to participate in a screening and evaluation to verify the alleged disability/work limitation and to identify appropriate services. Failure to participate in efforts to document an alleged disability is subject to TA case closure in accordance with 18 NYCRR 385.2(d). • If an individual has demonstrated an inability to successfully participate in work activities or employment and the district has reason to believe this is due to a disability/work limitation, the district may require the individual to participate in a disability related screening and/or evaluation. Additionally, if an individual has demonstrated an inability to