Skip to main content

Icon faq FAQ

Find answers to frequently asked questions.

Question:
What is a SOAR Application?

The SAMHSA SOAR TA Center considers a "SOAR application" to be one in which all (or most) of the SOAR critical components are done. These include serving as the person's representative with the SSA-1696, collecting medical records and writing a Medical Summary Report documenting the person's functional impairment. If the SOAR provider is unable to get all of the records or is unable to get the Medical Summary Report signed by a treating physician, it would still be counted as a SOAR application because all was done that could be done.

Read more about SOAR application critical components.

View
Question:
Do you have a suggested, ideal timeline for case workers to follow?

Yes! Please see Steps to Completing an Initial SOAR SSI/SSDI Application. This guide is intended to help you complete a SOAR SSI/SSDI application in stages so that you aren’t overwhelmed.

View
Question:
What is the monthly SSI benefit?

SSI has a monthly federal benefit rate that changes each year plus any available state supplement. You can find the current benefit amounts on our SSA Annual Updates page.

View
Question:
If an applicant wants to "fire" their attorney, will they have to pay them a fee?

Generally when an attorney is fired after the individual has signed the SSA-1696 (and possibly other binding documents with the attorney), the attorney has to file a fee petition with SSA defending their right to be paid. The attorney/representative must detail what services were performed while assisting the applicant. You can read more about the fee petition on the SSA website and see the form that is filed: http://www.ssa.gov/representation/fee_petitions.htm. SSA will determine whether or not the representative is granted the entire fee or a partial fee. 

View
Question:
How can someone receive SSDI (Title II) benefits if they have never worked?

If an individual becomes disabled before the age of 22 and one of his/her parents is either deceased or receives disability or retirement benefits, the "Disabled Adult Child" may receive benefits based on their parent's earnings record. SSA has an easy to use FAQ page about this topic: https://www.ssa.gov/planners/disability/qualify.html

View
Question:
Why would someone get two checks?

In certain circumstances, someone can get both SSI and SSDI. This happens when someone is approved for SSDI, but their monthly check is lower than the full SSI Federal Benefit Rate (FBR)*. This could be due to earning low wages throughout the employment history or limited recent work. In this case, the individual will receive SSI to supplement the payment to bring them up to the FBR. Since the Social Security Administration (SSA) discounts the first $20 of earned or unearned income an individual receives when calculating the SSI amount, a concurrent beneficiary will receive $20 above the SSI FBR.

*The Federal Benefit Rate changes annually and can be found at SSA Annual Updates.

View
Question:
I just went with someone to a consultative examination. When will we hear the decision on the application?

It depends! In many DDS offices the consultative exam (CE) examiners are allowed 30 days to file their report/evaluation after the exam.  They may or may not be turned in on time. Once the DDS examiner gets the report it may take some time to finish their recommendation and transfer it to the physician at DDS who will review the case. This can sometimes happen very quickly or, when there are backlogs, it may take a few days, weeks or longer.  We would recommend that the case manager call the DDS examiner to see whether the CE report has been submitted and whether they can provide any other needed information.  

View
Question:
How do I become involved in SSI/SSDI cases that are already in process? What about cases that have been going on for a long time, such as those waiting for a hearing or appeal?

If the case is pending at the initial or reconsideration stage, you can become the applicant's representative via submission of the SSA-1696: Appointment of Representative form. You will then be able to communicate with SSA/DDS about the application and request access to the materials that have been submitted. After reviewing the person’s file, you'll know what needs to be addressed, just as when you are starting anew with someone. If the person isn't willing to have you be the representative, ask if they have one - if so, try to assist that person with what needs to be addressed.

If the person is waiting for an appeal hearing, it may be necessary for you to secure legal representation for them through agencies such as the state Protection and Advocacy organization, Legal Services, Legal Aid, or another kind of pro-bono legal service.

Read more at Prior or Pending Applications.

View
Question:
When people get large back-pay checks, how long do they have to spend the funds in order to get their resources below that $2,000 level and not impact future payments?

Generally, SSA will not count the retroactive (back-pay) SSI or Social Security benefits for up to nine months after the person receives them. This includes payments received in installments.

When the individual receives his/her award letter it should spell out the exact length of time s/he has to spend down the retroactive payments. If there is any confusion, definitely check with the local SSA office for specifics on the individual's case.  

View
Question:
I am working with a man who remembers where he was born, but not his birth date. He knows a name for his mother, but does not know if it is her first or last name. How can I prove his identity?

My first recommendation would be to go with your client to the local SSA field office with whatever information you have been able to verify and that he is able to report. SSA can sometimes find someone's Social Security number with their name, DOB and parent's information. It often depends on how unique their name is and how easily they can narrow it down. SSA has a special provision to establish a new SSN for folks who are unable to identify themselves by reason of homelessness, amnesia or mental impairment.

The explanation in the SSA Program Operations Manual is at the following link: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110210120!opendocument

You will want to talk to the local SSA office about taking the steps to go through this process if necessary.

View