FAQ

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. 

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.

If you go back to the Practice Case in Class 2 you should be able to delete the documents you uploaded and re-upload the correct versions.  If you have already submitted your entire application packet in Class 7 you will not be able to make any of the changes online.  However, you can email the correct forms to soaronline@prainc.com. 

There is no need to make up any details about your fictional applicant. All of the information you need to complete the Practice Case application packet is provided to you. Take care to review all materials available on the Practice Case pages at the end of Classes 1-4. This includes applicant interviews, medical records, and progress notes.

This is definitely something we hear quite a bit and a very pervasive rumor that an applicant has to be denied X number or times, or can only win on appeal. The truth is that if the evidence is in the initial filing showing that an applicant meets the criteria for SSI or SSDI, he/she will be approved at the initial stage. Using the SOAR model results in higher approval rates (see our national outcomes) because we focus on getting all of the information in the file from the beginning, whereas many people who are eligible for benefits are denied because they don’t have assistance in gathering this documentation.

Some lawyers who take fees for assisting with disability claims specialize in appeals and don’t provide the evidence in the initial stage – they wait for the application to be denied and then work on the appeal. For an application at the appeal stage to be successful, the vast majority of the time it requires new evidence that wasn’t originally presented (there are some cases that are overturned due to oversights at DDS). So, it’s not that DDS wants to deny the case from the beginning, they just didn’t have the right information. It doesn’t save them any money to automatically deny people and then send them to appeal (in fact, it actually costs them more money in adjudicator time, medical records requests, and consultative exams).

All of that said, we understand why people think this is true. The overall national approval rate for SSI/SSDI (without SOAR) is only 29%. So yes, that means 71% of people are denied. It's not possible to know how many applicants needed more evidence and how many just didn't meet the disability criteria, but it certainly leads to many myths about the process.

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.

• The appeal must be filed within 60 days of receipt of the initial denial notice.
• The applicant must submit the following forms:
  • SSA-561: Request for Reconsideration
  • SSA-3441: Disability Report- Appeal
  • SSA-827: Authorization to Disclose Information to SSA
• Additional medical records and evidence can be submitted
• The application will be assigned to a different disability examiner and reviewing physician at DDS

Individual providers can choose whatever title works best for themselves and their agency.  Some examples that we have seen include SOAR practitioner, SOAR benefits specialist, SOAR case manager, and SOAR specialist. Others will use their traditional title (e.g. social worker, case manager, outreach worker) and say that they are SOAR trained or certified in the SOAR process. 

The SOAR TA Center does not require any further training but we always recommend that SOAR-trained practitioners stay up-to-date by re-visiting the website, reading our e-newsletters, attending our webinars, etc.

While we consider those who pass the SOAR Online Course to be "SOAR-trained," it is not a formal "SOAR Certification" so to speak.  However, many states implement their own SOAR Certification procedures so it is important to know about your state's SOAR Process. Please visit your state's page for more information.