Page 22

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

Section 385.2 – Page 22

Rev. 4/2025 18 NYCRR 385.2(d). An individual who fails to cooperate with the district’s effort to obtain medical documentation is subject to case denial or closing for noncompliance (the entire filing unit closes or is denied assistance), unless the individual has agreed to participate without accommodation in accordance with voluntary disclosure procedures described above. Requests for medical documentation that are subject to case denial or closing include, but are not necessarily limited to, requests under the following circumstances: • An initial determination of TA exempt/non-exempt status when the individual alleges a work limitation or has demonstrated an inability to function in an activity; • An update or review of an individual previously determined to be exempt, including the potentially non-exempt; • An update or review of an individual previously determined to be work-limited; • A determination of exempt/non-exempt status following a new claim of disability by non- exempt recipients; and • To develop a treatment plan for individuals with medical limitations (both exempt and non-exempt). There are certain circumstances for which a district may request medical documentation that are not eligibility requirements. These circumstances include: • The continued claim of the same disability made by a nonexempt recipient. An individual who claimed a disability and was determined by the district to be non-exempt but does not agree with the district determination always has the right to furnish additional evidence. However, if the individual does not request a fair hearing within 10 days of being notified that they are nonexempt, the individual must participate in employment programs as assigned. The individual remains non-exempt until, and unless, the district determines the individual to be exempt; • Failure to cooperate with efforts to obtain medical documentation required by a worksite prior to participation in a particular work assignment. An individual who fails to cooperate with efforts to obtain medical documentation that is required by the worksite is considered to be noncompliant with an employment assignment and subject to a pro- rata employment sanction. Employment Requirements for Each Exempt/Non-Exempt Status The employment activities an individual may be assigned to and the subsequent penalties for noncompliance differ depending on the individual’s exempt/ non-exempt status. Districts must assign employment activities that are consistent with individuals’ abilities and must ensure that any limitations are accommodated. Additionally, because current information regarding an