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

Section 385.2 – Page 36

Rev. 4/2025 days (for non-medical determinations) of being issued a notice of the district’s determination (LDSS 4005 Notification of Temporary Assistance Work Requirements Determination (Exempt) or the LDSS 4005(a) Notification of Temporary Assistance Work Requirements Determination (Nonexempt)) (or an approved local equivalent). For medical determinations, if the individual does not request a fair hearing within 10 days as indicated on the notice, the right to request a fair hearing on the issue is terminated and the individual must participate in assigned activities. For non-medical issues, the individual has 60 days from the date of the notice to request a fair hearing to contest the determination. If the individual requests the fair hearing within 10 days of the notice date, the individual does not have to comply with work-related requirements pending the fair hearing decision. Individuals who request fair hearings within 10 days cannot be required to participate in work activities, however, they may volunteer to participate in activities and the district must ensure the assignment accommodates the individual’s limitations and is consistent with any treatment plan. If an individual alleges a new medical impairment, the district is required to repeat the disability review procedure to address the new claim. If the district suspects that the individual is misrepresenting an impairment to avoid a work assignment, the district must notify the individual in writing that they could be sanctioned if the district determines that the individual intentionally misrepresented their condition. Q.19 Does an individual who fails to provide requested medical documentation receive conciliation? A.19 No. In most instances, applicants and recipients who fail to provide documentation or cooperate with efforts to document a claimed or suspected impairment are ineligible for assistance (case closes) until compliance and are not conciliated. Non-exempt individuals who fail to cooperate with efforts to obtain medical documentation required for a particular worksite are considered to be noncompliant with an employment assignment and subject to conciliation and a pro-rata employment sanction. Q.20 What is the penalty for failure to provide medical documentation to substantiate a claimed disability for a SNAP applicant/recipient? A.20 Failure to substantiate a claimed disability by a SNAP applicant/recipient would result in the individual becoming or remaining a work registrant. Providing documentation to support a claim of disability is not an eligibility requirement for SNAP. The regulation regarding this matter [385.2(d)(4)] inadvertently references both the SNAP and public assistance regulations with regard to the failure to provide medical documentation to evaluate a claim of exemption due to a disability as being an eligibility requirement. A regulatory change will be made to correct this error. It is an eligibility requirement for TA (18 NYCRR 351) but not for SNAP. Q.21 How does the Medicaid disability review determination relate to the exempt/non-exempt determination?