Fact Sheet No. 15

~ Fact Sheet No. 15 ~
PROVING YOUR ENTITLEMENT TO AN EXEMPTION
FROM THE WORK REQUIREMENTS
Because of Your Illness or Disability

IF YOU ARE FOUND ABLE TO WORK WITH SOME LIMITATIONS:
HRA must assign you to a job which takes into account your health-related limitations and your treatment plan, if any. Go to your work assignment. If your health-related limitations prevent you from performing the job, immediately tell your work supervisor and Job Center or OES worker. If the problem is not resolved, ask for a FAIR HEARING immediately and request "aid continuing".

IF YOU ARE PHYSICALLY OR MENTALLY ILL OR DISABLED AND BELIEVE YOU ARE COMPLETELY UNABLE TO WORK:
Follow the steps outlined below.

    1 Tell your Job Center/OES worker about your illness or disability.
      Your worker must then:
            a) give you an opportunity to return with medical documentation WITHIN TEN
                DAYS, and/or
            b) schedule an appointment for you with H.S. Systems (City-contracted) doctors.
                Bring medical documentation to this appointment.

    2 Obtain Complete Medical Documentation*.
       This includes:
          a) detailed diagnosis of your conditions
          b) a statement from your doctor that you are unable to work because of your medical
              and/or psychological conditions. If your doctor does not believe you can travel to
              or from work on a daily basis, the letter should indicate so.
              c) your doctor's signature;
              d) the date;

*Forms for physicians and mental health practitioners are attached to assist you in documenting your physical and/or mental health conditions. Ask your doctor's office to make several copies of the forms or letters for you.

    3 Apply for Supplemental Security Income (SSI):
      Apply for SSI at your local Social Security office if you and/or your doctor believe
        you may be ill or disabled for more than one year. Request a letter from the Social
        Security office confirming that you have applied for SSI.

    4 Remain in continuous treatment for your condition(s):
      Treatment is essential not only for your personal health, but also for demonstrating the
         seriousness of your condition.

    5 Bring your medical documentation with you:
      Present your medical documentation and SSI confirmation at all your H.S. Systems
        appointments.

    6 Request a Fair Hearing:
      If you are found to be employable by the H.S. Systems doctors and not exempt from
        the Work Experience Program (WEP), you should receive a "Notification of Work
        Requirement And Right to Contest." When this happens:

       Request the hearing WITHIN 10 DAYS OF THE DATE ON TOP OF THE
       NOTICE and ask for AID CONTINUING. By doing this, you will be given a
       TEMPORARY EXEMPTION from the work requirements (at least until a judge
       issues a decision on your employability). See fact sheet No. 2 on Requesting a Fair Hearing.

    7 Go to your Fair Hearing:
      Bring your medical documentation, medication and proof that you have filed for SSI
        (if you have done so) to the Fair Hearing. Be prepared to tell the fair hearing judge
        about your condition and how it affects your ability to travel, clean your apartment,
        and/ or carry groceries, for example.

If you are already assigned to a work-site, follow steps 2-4 and bring your medical documentation to your work-site supervisor, BEGIN worker or OES (at 109 East 16^th Street). Ask for a fair hearing to prove your eligibility for a medical exemption.

If you live in North Brooklyn and need additional assistance, please call the WE CAN Hotline at Brooklyn Legal Services Corporation A: (718) 487-2300 or (800) 696-6778.