FAQ

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).

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.

Yes! We actually suggest that you submit both the SSA-3368: Adult Disability Report and the SSA 16: Application for SSDI online as part of a complete SOAR-assisted SSI/SSDI application packet. You can use the paper forms as worksheets and then transfer to the Online Disability Benefit Application and Adult Disability Report

We recommend against using the SSA-8001 form for a SOAR application because it contains less comprehensive information about an applicant’s income and resources. As such, the applicant would still need to complete an in-person or phone interview with SSA in order to complete the SSA-8000. By completing the SSA-8000 and turning it in to SSA, you can often avoid the need for this interview.

If you find that your local SSA office is not accepting the SSA-8000 from in lieu of an interview, I encourage you to reach out to your SOAR TA Center Liaison and SOAR State Lead so that they can provide local assistance.

You can complete Social Security’s Online Disability Benefits Application with your clients. This online application encompasses the SSDI application and the Adult Disability Report (i.e., replaces paper forms SSA-16 and SSA-3368).

Within 2-3 days of submitting the online disability application, you will submit three paper forms to SSA:

• SSA-8000 (SSI application)
• SSA-1696 (Appointment of Representative)
• SSA-827 (Authorization to Release Information to SSA)

Read more about the timeline for submitting these and other materials at Steps to Completing an SSI/SSDI Application Using the SOAR Model.

First and foremost we want to make sure that people who need our assistance with their SSI/SSDI applications get that assistance. That said, each provider has to make decisions about how many people they are able to serve and how many SOAR applications they complete. We recommend that when providers are not able to do a complete SOAR application with someone that they refer the individual to SSA and give them the tools to apply on their own or with another advocate.

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.

SOAR is a model developed to help those who are experiencing or at-risk for homelessness, so they don’t need to fit the literal definition of homeless. At-risk for homelessness can include those who are in transitional housing, couch-surfing, exiting jails/institutions without somewhere to live, and those in permanent supportive housing who are entirely supported by grant funding.

Our Definitions of Homelessness page has further clarification on the definitions used by SOAR and SSA.

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)

We recommend using the applicant’s last day of work as their date of onset when helping someone apply for SSI/SSDI. The Social Security Administration (SSA) will examine the applicant’s medical records and prior work history to determine if any of the previous work attempts were unsuccessful (i.e.: the applicant was unable to sustain work for more than a few weeks or months due to disabling mental or physical health conditions).

If the applicant is currently working, enter the date that he or she believes the condition(s) became severe enough to prevent him or her from performing substantial gainful activity.

For individuals who have never worked, such as youth exiting foster care, SSA’s guidance is to “enter the date when he or she believes the condition(s) became severe enough to keep him or her from working.” Since youth can work before age 18, you can enter dates prior to their 18th birthday if that is relevant.