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

Section 385.2 – Page 18

Rev. 4/2025 successfully function in a work setting and is determined through an evaluation/assessment to need treatment, the individual may be required to participate in necessary treatment as a condition of eligibility for TA accordance with 18 NYCRR 385.2(e). Individuals with confirmed disabilities must be offered and provided with reasonable accommodations and services to support their participation in employment activities and programs. Disability Review Procedure Referenced in: SSL § 332-b,18 NYCRR 385.2(d) An individual’s capacity to participate in work or other employment activities can range from having no health barriers to employment to permanent disability. Districts may not assume that individuals with disabilities are unable to participate and are exempt but instead must accurately document each individual’s specific abilities and limitations to support appropriate work activity assignments. At the time of application and recertification districts must inquire whether the applicant/recipient has any medical or other conditions that would limit their ability to participate in work activities. Additionally, districts should review health related factors whenever an individual alleges an impairment or the district has reason to believe that one exists. For example, districts may suspect a hidden disability after repeated job losses or work activity failures. If an individual claims, or the worker has reason to believe, that an individual is unable to participate in work activities, the district must comply with the disability review procedure which includes the following requirements: • The district may not assign an individual with an alleged or suspected impairment to a work activity until it completes the disability review, unless the individual agrees to such assignment and it is consistent with the alleged limitation. • The district must notify the individual verbally or in writing that they may provide medical documentation to the district within ten (10) calendar days. The medical documentation submitted by the individual may include, but need not be limited to, medication prescriptions and reports from the individual’s practitioner. To render the documentation useful for purposes of the district’s determination of disability, the district may want to inform the individual to submit documentation that contains a specific diagnosis, prognosis, and a list of the individual’s resulting work activity limitations. • The district shall decide if the medical documentation provided by the individual or the individual’s practitioner is sufficient evidence to support the alleged impairment. There is no requirement that the individual’s health care practitioner is a certified physician or certified psychologist. Nevertheless, the district always has the option to rely solely on