FAQ

A general privacy release can be used to communicate about the applicant to friends/relatives/other service providers, etc. This can be the SOAR sample (even if it is not for medical records) or a more generic one. Here is another example from CSH.  Most agencies have a privacy release that they use at intake or for these purposes. 

If you forget to enter “SOAR” in the remarks sections of SSA forms, they may not be directed to the SOAR liaison at your local SSA office (if one has been identified). However, there are other ways you can indicate that the application was completed using the SOAR model, even after you have submitted the online disability report:

1. Ensure that SOAR is written in the remarks section of the SSA-8000 (SSI application) that you deliver to your local SSA office;
2. When you deliver the paper SSA forms to the local SSA office, notify the claims representative that you are using the SOAR process;
3. Call the SOAR liaison at your local SSA office (if one has been identified) and notify him/her that you have submitted an application using the SOAR process.

Not all SSA offices have a SOAR liaison or know about the SOAR process. Remember that the most important part of the SOAR model is providing a complete, high-quality application with medical records and a Medical Summary Report (MSR). These elements, rather than the SOAR label on forms, will ensure that the application is processed efficiently by SSA and DDS.

The SOAR process can definitely be used to assist applicants with appeals, as SOAR practitioners are often well positioned to assist given their relationships with applicants and knowledge of their impairments and related functional limitations. SOAR case managers can help by gathering additional medical records, writing a Medical Summary Report, and assisting with SSA forms specific to the appeal process. More information on assisting applicants with appeals, including a full issue brief with tips for practitioners, is available in the SOAR Library.

You can assist someone to apply for Social Security benefits even if they do not have identification. SSA has a set of questions they can ask the individual to verify their identity. (Name, SSN, DOB, mother’s maiden name, contact information)

That said, it is great to help someone obtain their identification documents so that they have them available for other uses. This can be done in parallel with the SSI/SSDI application process. Our partner organization, the Homeless and Housing Resource Center (HHRC) has a great resource on their website, Helping Individuals Experiencing Homelessness Obtain Identification Documents: https://hhrctraining.org/knowledge-resources/toolkit/1926/helping-obtain-ID

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.

In order to address the question of whether an applicant is capable of returning to work performed within the past 15 years, the ALJ will generally call a VE to testify. The VE is usually a licensed professional counselor, a vocational rehabilitation specialist, or another professional whose career has involved job placement, career counseling and working with people with disabilities. Although the VE is called by the ALJ, the VE is neither a government nor an applicant’s witness. The VE’s task is to offer a neutral opinion based on (1) the evidence and (2) the ALJ’s determinations as to the applicant’s functional limitations. The VE reviews the documents in the file which pertain to work, e.g. detailed earnings record, disability report, and work history report.  The ALJ will create a hypothetical for the purpose of eliciting the VE’s opinion on the applicant’s capacity to return to past work (Step 4) or perform other work in the national economy (Step 5). For more information on cross examining the VE, please contact Pam Heine at the SOAR TA Center, pheine@prainc.com.  Read more here: https://www.ssa.gov/OP_Home/hallex/I-02/I-2-6-74.html.

For the second question, the job must exist in significant numbers in either the national or local economy, where the applicant lives. Read more at https://www.ssa.gov/appeals/public_experts/Vocational_Experts_(VE)_Handbook-508.pdf.

Great question! While we do typically advise to collect all records, 500 pages is understandably a lot! Not all applicants will have this many, but if you are seeing that certain hospitals/providers tend to send significant amounts (particularly if they aren't helpful for the application), you could ask for: Inpatient hospitalization records, discharge summaries, outpatient/emergency records, and psychiatric examinations/mental status exams. Those are all pretty key for the application. When you submit the records to DDS, I'd recommend adding a note that these were all that you requested, so that it doesn't look like you just weren't sending everything you have.

You can type "This is a SOAR application" in the Remarks section.  You should also indicate whether the applicant is experiencing homelessness and any other clarifying remarks. 

An MSR that has been written based on properly released records can be shared with the primary AMS.  At the point of obtaining the signature, it is primarily a privacy issue, not HIPAA. However, it would be a best practice to have a release signed by the applicant permitting the case worker to communicate with the AMS.

No, it is our opinion that all applicants should be represented at the hearing by an individual who is knowledgeable about Social Security's decision-making process at the ALJ level, whether it be a lawyer, paralegal, or a SOAR case worker. Administrative Law Judges follow fairly strict rules about how to decide disability cases and what evidence can be considered. Although applicants can represent themselves “pro se” (i.e. “for oneself”), it is in their best interest to secure representation.  The applicant may find it difficult to learn enough about Social Security law to advocate for themselves professionally at the hearing.

Yes, the applicant will have a chance to speak for him/herself. The representative will ask the applicant questions which is called “direct examination.”  This gives the applicant a chance to tell his or her story. Also, the ALJ will often begin the hearing by asking the applicant questions. Remember, the ALJ level is the first time the applicant is seen face-to-face by SSA.  The earlier stages are paper reviews.