FAQ

You are not obligated to continue the application, especially if you feel they do not meet the qualifications as outlined in Identifying SOAR Applicants. 

We recommend focusing as much as possible on the applicant’s strengths and explaining that it appears they do not qualify for benefits (i.e., that they are able to work.) Then, if possible, provide a warm handoff to supportive services and/or employment supports.

However, we never want to discourage an applicant from applying; if they would like to apply on their own, we recommend sharing the Applicant Self-Help Guide

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.  

"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."

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.

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.

The expectation is that providers involved with SOAR do not charge persons applying for SSA disability benefits for their services. We work closely with providers to identify alternative sources of funding for their programs. All 50 states and the District of Columbia have identified various methods to fund SOAR activities that do not involve charging the applicant or collecting a fee from the applicant’s back pay. Resources related to SOAR funding and sustainability can be found in the SOAR Library.

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.

Yes, you can find samples of completed SSA forms here.