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

Section 385.2 – Page 27

Rev. 4/2025 benefits including helping the individual complete the application or filing for an appeal, as appropriate. In such instances, the TA benefits shall not be reduced or discontinued for failure to apply for SSI benefits. Individuals whose application for SSI benefits are denied, but are still unable to participate in work activities including employment because of a medical condition that reasonably appears to qualify the individual for SSI, must be required to file an appeal to maintain their eligibility for temporary assistance benefits. Please refer to 06-ADM-06 for additional guidance. Assessment Requirements for Exempt Individuals Note: A TA recipient who willfully and without good cause fails or refuses to comply with assessment requirements is subject to a pro-rata sanction in accordance with 18 NYCRR 385.12. An applicant who fails to comply with assessment requirements is denied (case denial) [see 18 NYCRR 385.6(a)(6)(1) or 385.7(a)(6)(1)]. Additional Considerations An individual whose disability is due to alcohol or substance abuse is subject to the requirements of 18 NYCRR 351.2(i). However, the individual must still be considered within the framework of ability listed above when determining their exempt status. This determination is best done in cooperation with the provider who completes the formal drug/alcohol assessment. HIV Clients An individual who is eligible to receive health services through a comprehensive HIV special needs plan (Social Services Law § 364-j(1)(n)) shall be considered to be either disabled or work limited by the district. In each instance, assessment requirements should follow the requirements of either disabled or work-limited. SSI Applicants not Categorically Exempt An individual with physical or mental disabilities may pursue SSI/SSD independently or as required by the district. These individuals are still required to comply with the disability review procedure and to cooperate with efforts to determine their exempt/non-exempt status. Individuals who are required by the district to apply for SSI as a condition of eligibility are considered exempt and cannot be assigned to work activities (see 06-ADM-06). If an individual is required by the district to apply for SSI as a condition of eligibility for TA, then the district may only assign the individual to work activities if it determines, based on medical evidence, that the individual is no longer required to pursue SSI as a condition of eligibility, and has notified the individual that they are no longer exempt from work requirements.