I have a medical barrier or disability, and I do not believe I can do the work activities that HRA is requiring for me to receive cash assistance. What do I do?

You must prove to HRA that you have a disability or other health issue that prevents you from working unless:

• you get SSI
• you get HASA
• you are age 60 or over, and/or
• you are “homebound” according to HRA.

Whether you are called into a vendor (e.g., “Career Compass”) or HRA, you should tell your worker that you have a medical barrier to employment. The worker should then refer you for a process that’s often called “WeCARE.”

What is WeCARE?

WeCARE is an acronym that is short for “Wellness, Comprehensive Assessment, Rehabilitation, & Employment.” It is the name HRA has given its vendors that do the assessment process for people asking for medical exemptions from the work rules. WeCARE has medical professionals who conduct their own medical assessments and such. WeCARE is not part of HRA, but it is funded by HRA.

What happens at WeCARE?

WeCARE does an assessment that begins with a bio-psycho-social assessment. A bio-psycho-social assessment is an evaluation of your medical conditions, including mental health, as well as your social supports (such as family and friends), work and educational history, and more.

How should I prepare for my WeCARE appointment?

You should get full copies of your medical records from your current medical providers. Bring those records with you to your WeCARE appointment and/or send them to HRA or WeCARE before the appointment. HRA is required to consider your own medical documentation, though the WeCARE medical professionals make their own assessment of you in the end. You should have the names, addresses, and contact information for all your current providers when you go to your WeCARE appointment.

What happens after I go to WeCARE?

WeCARE creates a service plan based on its assessment of you. The service plan will include a “functional capacity outcome” (FCO) for you. The types of FCOs are:

• Employable without limitations: you must start work activities
• Employable with limitations: you need vocational rehabilitation services, which are services meant to help you be able to work
• Temporarily unemployable: you need a wellness rehabilitation plan, which usually means some kind of medical or mental-health treatment
• Unable to work: you can’t work because of a disability and may be eligible for SSI/SSDI(sometimes called “SSI track”)

How will I know HRA’s and WeCARE’s decision about my medical exemption?

HRA must give you a written notice of its decision. HRA will decide that you are “exempt” from work activities for some period of time or that you are “nonexempt” from work activities. The notice tells you at the top of the page whether you are exempt or nonexempt (see below). You may be given this notice by hand at your last WeCARE appointment.

What if I disagree with the WeCARE decision?

You only have 10 calendar days from the date on the notice to appeal HRA’s decision about your work exemption. If you wait longer than 10 days, you might not be able to win at a Fair Hearing. You can ask for a Fair Hearing by calling 1-800-342-3334, or online at https://otda.ny.gov/hearings/request/.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.