FAQ

Yes, we have a number of resources on the SOAR website to help provide information and guidance through the appeals process. They can all be found in the SOAR Library. I recommend starting with the article About Appeals and then checking out the Appeals Toolkit.

SSA does not allow an applicant to have multiple applications pending at the same time.  If the applicant chooses to have a new initial SOAR-assisted application for SSDI benefits submitted, then the applicant would need to withdraw their current application.  It is important that the applicant understands that the new application would create a new application date which may result in the loss of retroactive 'back' benefits based on withdrawing the current pending application.

All of the SOAR Critical Components and techniques learned in the SOAR Online Course can be used for any SSI/SSDI application. However, in order to indicate to SSA/DDS that it is a "SOAR" claim, the applicant must be experiencing or at risk of homelessness, as defined here.

Further, you want to be sure that you are following any additional steps as required by your State or community’s established SOAR process.

"Questions for Direct Examination at SSA Administrative Law Judge (ALJ) Hearing," along with other helpful resources, can be accessed on the webinar "Hearing Tips for SOAR Practitioners."

At the hearing level, many Administrative Law Judges (ALJs) will invoke ‘Rule 3.7: Lawyer/Advocate as Witness’.  Under the advocate-witness rule, you cannot serve as both advocate (via the SSA-1696) and witness.  The ‘witness’ is required to testify on the basis of personal knowledge, while an advocate is expected to explain and comment on evidence given by others. This dual role can give rise to a conflict of interest.

In your case, the ALJ viewed the 3^rd Party Function Report you completed as ‘providing witness testimony’ which can prejudice the ALJ’s decision. Often, the ALJ will recognize that the SOAR case worker is not familiar with this rule, and educate them on their options.  When there is other evidence in the file and the SOAR case worker does not need to testify themselves, they will remain the official 1696 representative. By doing so, they are able to cross examine expert witnesses and directly examine the applicant (i.e. ask them questions in front of the judge during the hearing).

Section 8 Housing Choice Vouchers are not time-limited and so typically are not used in transitional housing. Individuals and families who are using housing vouchers may be eligible for SOAR assistance if they do not have their own income that would allow them to remain stably housed without the voucher.

A general privacy release can be used to communicate about the applicant to friends/relatives/other service providers, etc. This can be the SOAR sample (even if it is not for medical records) or a more generic one. Here is another example from CSH.  Most agencies have a privacy release that they use at intake or for these purposes. 

Absolutely!  Initiating the Online Disability Benefit Application sets the protective filing date for SSI as well as SSDI. Even without work credits, there are other ways an applicant may qualify for SSDI so we recommend applying for both programs. Further, completing the online application is an efficient way to submit medical and work information that is necessary to apply for SSI.

Once you have set the Protective Filing Date (PFD), you have 60 days to submit the complete application & MSR.  Read Steps in the SSA Disability Application Process.

Not really.  There are many reasons for this.  Firstly, hearings are tape recorded and physical movements won’t show up on audio.  As well, any physical limitations that are the basis of a disability claim must have medical records to back it up, not just an ALJ’s observations. Courts have discounted “sit and squirm” opinions from ALJs who “eyeball” the client, and say they have no back problems, for example, because they sit in a hearing for two hours in no obvious discomfort.  DDS is supposed to consider the claimant’s capacity to perform work activities on a sustained basis, not just on what they can or cannot do on a one-time basis.  (See Social Security Rulings 96-8p and 96-9p) https://www.ssa.gov/OP_Home/rulings/rulfind1.html#YRT1996)