Page 25

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

Section 385.2 – Page 25

Rev. 4/2025 from participation in work activities to treatment that has been determined by a health care practitioner as appropriate and necessary to improve the individual’s ability to work. Exempt: Time-Limited Condition • The individual has a condition that results in a temporary removal from the workforce (e.g., a broken leg or postpartum 6-week period). • There should be no work assignment for the time period defined by the limitation, following which the individual’s condition should be reevaluated. • The individual is required to participate in an employment assessment as required by 18 NYCRR 385.6 and 18 NYCRR 385.7. • The individual may be required to comply with medical treatment necessary for recovery. Exempt: Potentially Non-Exempt • An individual who is currently exempt due to significant physical or mental health barriers to employment such that an assignment to work activities would be inappropriate, may be considered potentially “non-exempt” to the extent that treatment, as determined necessary by a health care professional, is expected to improve the individual’s health so they are able to participate in work activities or employment. This category includes those individuals with significant developmental barriers who are currently incapable of competitive employment but have the ability to participate in Vocational Rehabilitation Services as determined appropriate and necessary by treating professionals. • The individual may not be required to participate in work activities. • The individual is required to participate in an employment assessment as required by 18 NYCRR 385.6 and 18 NYCRR 385.7. • The individual is required to accept any reasonable medical care or treatment as determined by a medical professional that will assist the individual in recovering from the mental or physical impairment; accept referral to and enrollment in a program of vocational rehabilitation, training and other essential rehabilitation designed to restore an individual to self-sufficiency, and • give evidence, as requested by the social services official, that they are participating in such program as assigned by the district. • Any treatment plan must be appropriate and beneficial to the individual’s needs and consistent with their limitations. • Treatment intensity should correspond to the severity of the individual’s limitations.