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

Section 385.2 – Page 21

Rev. 4/2025 status should be incorporated in the individual’s assessment and employability plan. The assessment and employability plan should reflect an individual’s current circumstances and therefore should be updated as circumstances change, including when an individual’s exempt/non-exempt status changes. When fulfilling these requirements, districts must consider the following: • An individual’s exempt/non-exempt status must be determined prior to making an employment assignment and must be reviewed at recertification or sooner if there is reason to believe an individual’s status may have changed. As described above, changes should be incorporated in the assessment and employment plan. • Employment assessments for households with dependent children must be completed within 90 days of case opening and are required of both the exempt and the non-exempt as described in 18 NYCRR 385.6. • Employment assessments for households without dependent children must be conducted within a year of the date of application for Safety Net assistance. Districts are only required to complete an employment assessment of those non-exempt from employment requirements as described in 18 NYCRR 385.7. However, districts are encouraged to provide assessments to all adult individuals and may require these individuals who are applying for or receiving TA and are part of a household without dependent children to comply with an employment assessment, in accordance with section 3.3 of the district’s biennial employment plan. • Only non-exempt individuals may be assigned to a work activity prior to completion of the employment assessment as described in 18 NYCRR 385.6 and 18 NYCRR 385.7. Medical Documentation Requirements Referenced in: 18NYCRR 385.2(d) SSL § 332-b The collection of documentation regarding an individual’s health status is subject to disability review procedure requirements, even if the information is requested during the individual’s employability assessment and plan. Client penalties for failure to comply with the district’s efforts to document an alleged medical barrier differ from the penalties for noncompliance with an assessment. Medical Documentation Requirements for Clients Periodic medical reviews are necessary to update an individual’s progress toward economic self-sufficiency for individuals who are work-limited, or potentially non-exempt. Districts should reevaluate an individual’s exempt/non-exempt status at least annually at recertification and whenever there is reason to believe the status may have changed. The request for medical documentation or referral of an individual to a medical assessment for the purpose of determining exempt/non-exempt status is an eligibility requirement as stated in