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

Section 385.2 – Page 26

Rev. 4/2025 • Treatment may include work-like activities if part of a treatment assignment prescribed by a health care professional. Districts may not independently assign such individuals to work activities. Exempt individuals who in the judgment of the social services official have the potential to be restored to self-sufficiency through rehabilitation or treatment determined by a medical professional to be necessary to improve the individual’s ability to work may not also be required by the district to apply for SSI as an eligibility factor for receipt of Temporary Assistance. The individual may elect to pursue an application for SSI benefits on their own, and the district may elect to assist the individual with that application, but the submittal of an SSI application or appeal of a denied application may not be considered an eligibility requirement if the individual is also being required by the district to engage in treatment necessary for a restoration to self- sufficiency. An exempt individual should only be required to engage in recommended treatment when medical documentation supports treatment as a reasonable option for the individual to improve their condition enough to engage in work activities. Exempt: Permanently Unable to Participate • The individual possesses severe and permanent barriers to employment and would not currently benefit from rehabilitation or treatment. This category may include individuals who voluntarily participate in a sheltered workshop setting and are not currently expected to become able to work in the future. • The individual may not be required to participate in work activities or any other employment- related activities. • The individual is still required to participate in an employment assessment as required by 18 NYCRR 385.6 and 18 NYCRR 385.7 (see Note below). • An SSI application should be filed and actively pursued. Exempt individuals who in the judgement of the social services official do not have the potential to be restored to self-sufficiency are generally required to apply for SSI benefits. If a district finds that a TA applicant or recipient reasonably appears to be eligible for SSI, the district must require the applicant or recipient to apply for SSI benefits, follow through on the application for such benefits and accept such benefits, if eligible. When requiring an individual to apply to SSI as a condition of eligibility for receipt of TA the district should assign the individual employability code 43 (incapacitated/disabled SSI applicant). Individuals who are assigned employability code 43 and required by the district to apply for SSI benefits as a condition of eligibility for TA cannot also be required to engage in treatment as the district has determined that the individual does not have the potential to be restored to self-sufficiency, and reasonably appears to be eligible for SSI. As noted in 04 ADM-05, if the TA applicant or recipient is not physically or emotionally capable of applying for SSI benefits, the district must provide services that are necessary to ensure that the individual is assisted in applying for and following through with the application for SSI