FAQ

• 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

Many of our sample MSRs include information about physical disabilities in addition to mental impairments. Here is an example of one.

We also encourage you to review the Listings for the specific criteria SSA will be looking for, for each condition. You'll want to include information in your MSR about how the person's conditions meet the listing criteria. 

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

No, the claimant does not need to present when you turn in the signed SSA-1696. We do recommend submitting an original copy with a "wet-signature." Be sure to keep a copy for your records.

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.

It's great that she has two doctors willing to sign!  Yes, we recommend including both signatures -- it sends a stronger message that they are both on board with the content. And it won't cause any issues.

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."

Generally speaking, medical providers are not legally bound to provide records to a third party. They are not required to provide records to DDS, either. However, HIPAA regulations require healthcare providers to provide individuals copies of their own records: 

"The Privacy Rule generally requires HIPAA covered entities (health plans and most health care providers) to provide individuals, upon request, with access to the protected health information (PHI) about them in one or more “designated record sets” maintained by or for the covered entity.”

We hear from most SOAR providers that they are able to get medical records from most sources. Some states have special laws that cover access to records for disability applications. We also do our best to build relationships with commonly used providers and the medical records departments to try to improve those relationships, and clarify and expedite processes.