FAQ

All of our resources are open-access and free to use when helping applicants. However, we request that you only use the “SOAR” label at Social Security when you are working with individuals who are experiencing or at-risk for homelessness. Read more about how we define homelessness and at-risk. If the applicants you assist do not fit this criteria, you are still welcome to use any of our materials that you find helpful, without marking the application as “SOAR” at Social Security.

My first recommendation would be to go with your client to the local SSA field office with whatever information you have been able to verify and that he is able to report. SSA can sometimes find someone's Social Security number with their name, DOB and parent's information. It often depends on how unique their name is and how easily they can narrow it down. SSA has a special provision to establish a new SSN for folks who are unable to identify themselves by reason of homelessness, amnesia or mental impairment.

The explanation in the SSA Program Operations Manual is at the following link: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110210120!opendocument

You will want to talk to the local SSA office about taking the steps to go through this process if necessary.

You can help the applicant file for a hearing before an administrative law judge. It is in the applicant's best interest to keep the appeals process going because if they are approved at the hearing level they will be eligible for back payments going back to the protective filing date of the initial application.

See our Appeals resources in the SOAR Library. Here you will find our Prior or Pending Applications document which outlines some of what you need to do at the hearing level. You'll want the applicant to sign the SSA-1696: Appointment of Representative form, if you haven’t already. Then, request their file from Social Security. Together, you'll need to complete the HA-501: Request for a Hearing and the SSA-3441: Disability Report- Appeal (available on SSA’s website). You'll also need to turn in a new SSA-827:Authorization to Release Information. Be sure to submit the Request for a Hearing within 65 days from the date of the denial letter. If you haven't already, request medical records, do the general and functional assessments, and write a Medical Summary Report (MSR) just as you would for an initial SOAR application.

The other thing we would recommend is to file for a review on record. This might help you to avoid a hearing and eliminate a long wait. People who are eligible for a review on record are those individuals who may have additional diagnoses/medical records that were not considered previously. This does not take them out of the line for a hearing. So, if they are denied at review on record, they are still eligible for a hearing.

We recommend contacting the DDS examiner assigned to the case to find out where they are in the decision making process. If they have just been assigned the case and are starting to process it, then you have time to write and submit a Medical Summary Report. You could let the DDS examiner know that you have additional evidence to submit. If you do not have an SSA-1696 on file, the claimant will need to be with you when you call. 

Yes, you are absolutely able to work on an application that is in progress!

You will submit the SSA-1696 form to SSA to become the applicant’s representative and determine where the application is in the evaluation process. You can then work quickly to submit any necessary SOAR Critical Components to strengthen the application (e.g., medical records, Medical Summary Report).

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.  

When providers of substance use services (drug and alcohol) release records, they are required to include the following notice from the CFR Title 42:2.32:

“This information has been disclosed to you from records protected by Federal confidentiality rules (42 CFR part 2). The Federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR part 2. A general authorization for the release of medical or other information is NOT sufficient for this purpose. The Federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient.” Source: http://edocket.access.gpo.gov/cfr_2002/octqtr/42cfr2.32.htm

However, the law allows the records to be disclosed to any entity the person names in the consent. When you complete the SSA-827: Authorization to Disclose Information to SSA be sure that it specifically mentions the release of drug and alcohol treatment records.

You should be able to use the copy of the authorization that you have to request the records. According to a clarification letter drafted by the Director of the Office of Civil Rights on April 25, 2003, “A copy, facsimile, or electronically transmitted version of a signed authorization is also a valid authorization under the Privacy Rule.”
Source: https://www.socialsecurity.gov/disability/professionals/documents/HHS-OCRfeedback.pdf

"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."