I do not have a disability or medical barrier to employment, but I cannot complete the required 35 hours per week of work activities. What are other qualifying exemptions?

You may be temporarily exempt from work activity for other reasons, which you will need to prove to HRA. HRA will ask you for documentation, which you must give them as long as it’s reasonable.

You may be exempt from some or all of the 35-hour-per-week work activity rules if:

• You have a “domestic violence waiver” from HRA (sometimes called a “special assessment”)
  • You will need to speak with someone called a “domestic violence liaison” (or DVL)at HRA to show that you are eligible for the waiver. See the section below called “Domestic Violence Waiver & Domestic Violence Liaison.”
• You are in the assessment process for or you are getting HRA-approved treatment for substance abuse (sometimes called a “special assessment”)
• You have a child under age 1 in your household
  • Usually, you can only take 3 months per child up to a maximum of 12 months per lifetime. You can ask to take more time per child if you haven’t used up your 12-month maximum.
• You have child(ren) under age 13 and do not have childcare
  • HRA will give you up to 3 different childcare options if you do not have any. If you don’t use one of their choices, HRA will usually sanction you for refusing childcare.
• You are needed at home to care for family member
  • A doctor must fill out a form called the “W-582A” before you can get this exemption. You can get the form from your worker or ask for it at your center. You can only get this exemption for a lifetime total of 12 months.

• You are injured or sick and cannot work for 3 or more months
  • You will need medical records to prove that you cannot work for 3 or more months.
• You are under age 19 and still in high school or a full-time high school equivalency (GED) program
  • You will need to provide proof (usually a verification letter from the school) that you are in high school or a full-time equivalent program.
• You are pregnant, and your due date is in 30 or fewer days
  • You will need to give HRA a letter from your provider with your due date.

Why is this happening now?

These rules are coming back because the public health emergency (COVID-19) ended. The rules were supposed to re-start in 2023, but the state wasn’t ready due to issues on their end.

How can I tell if I am sanctioned?

You can tell if you’re sanctioned a couple of ways. First, you should always get a written notice before your sanction starts. However, you can check whether you are sanctioned other ways, too. The fastest way is to create an account on Access HRA and/or go to your account on Access HRA. Click the “Benefits” tab. Once you’ve opened the benefits tab, you will see cash assistance (CA), SNAP (food stamps), and Medicaid (MA). Under each benefit, the “status” of the case will be listed. If you are sanctioned, you should see “sanction” or “closed.” In addition, you can visit your Benefits Access Center or call HRA at 718-557-1399. Also, you can check to see if your benefits have been reduced, which might mean that you have a sanction. To do this, you can use the EBT Edge website, app, or phone number. To use the website or app, you will need to register your EBT card account at www.EBTedge.com. You can also call the helpline number at 888-328-6399 to check your balance.

I have a job. Why am I getting sanctioned?

You must show that you are doing HRA’s work activities and assessment process. Even if you’re already working when you apply for benefits, HRA must approve your job as a work activity. There are also minimum weekly hour requirements.

Can I count education or training towards my weekly work activities requirements?

HRA must approve your education or training as a work activity, and it must be part of your overall employability plan (EP). Generally, a part of HRA called the Training Assessment Group, or “TAG,” does training and education plans. You must verify your attendance in classes and get certain grades.

I am under the age of 25, and I do not have a high school diploma. Can I finish school as a work activity?

Yes! HRA needs to approve your education as a work activity, but people under the age of 25 may count full-time enrollment in high school or a high-school equivalency program (GED) as your work activity. In some cases, you may be able to count full-time literacy programs as a work activity. You will need to prove attendance and progress towards a goal (for example, a diploma or GED).

I am worried that I have a sanction or that my case is wrong. What should I do?

You should try to resolve your sanction by working with the benefits center even if you think you are correct. In particular, you should emphasize issues such as not getting notices in the correct language or remind HRA of reasons you can’t do work activities, such as a disability. You should request a Fair Hearing. The best way to request a Fair Hearing is online (https://otda.ny.gov/hearings/request/#online). Remember to print/save a copy of your request. You can also call 800-342-3334 and request a Fair Hearing by phone.

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.