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Find answers to frequently asked questions.

Question:
In the SOAR Online Course, there is information requested on the forms that is not provided in the progress notes or medical records. Should I make something up?

There is no need to make up any details about your fictional applicant. All of the information you need to complete the Practice Case application packet is provided to you. Take care to review all materials available on the Practice Case pages at the end of Classes 1-4. This includes applicant interviews, medical records, and progress notes.

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Question:
How long does a medical provider have to provide information to a patient? Is it a federal mandate or do individual states have a different timeline?

HIPAA requires medical providers to release the patient's records within 30 days after the request is received (https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/ind…). Some states have laws that require the release of medical records in fewer than 30 days.

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Question:
Should I file a SSI/SSDI claim when there are no medical records available?

Yes, you should file a SOAR-assisted application because even if you don’t have access to the medical evidence, DDS will request directly from prior treating sources and/or schedule appropriate Consultative Examinations (CE) to obtain diagnoses. Remember, SSA needs a diagnosis to make a disability determination. Remember, to write in the “Remarks Section” on SSA forms, about your efforts to obtain medical information so that DDS will know what they need to do to medically develop the claim.

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Question:
How do I print my SOAR certificate?

When you log-in to the SOAR website, go to your Profile page.  There, you will see a link to access the Certificate of Completion that was e-mailed to you when you passed the course.

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Question:
How long is the certification from the SOAR online courses good for? is there an expiration date?

From the perspective of the SAMHSA SOAR TA center, there is no expiration date. Since you have passed the SOAR Online Course and received a Certificate of Completion, you are “SOAR-trained.” While we do not require additional training or re-certification, we do recommend visiting our website frequently and attending our webinars/SOARing Over Lunch calls, etc., to stay up-to-date on SSA policy changes and learn about new or updated SOAR resources.

With that being said, there may be training/certification requirements in your state or community.  We recommend reaching out to your State Team Lead or your SAMHSA SOAR TA Center Liaison. They will be able to provide additional assistance and connect you with leads in your area. You can find their contact information on your your state's SOAR page.

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Question:
Are medical providers required to respond to your request for medical records once you provide a copy of the SSA 827 to them? Is eliciting cooperation from them generally an issue for case managers?

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.

 

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Question:
Once I have passed the SOAR Online Course am I required to attend any other trainings in order to keep my certification?

The SOAR TA Center does not require any further training but we always recommend that SOAR-trained practitioners stay up-to-date by re-visiting the website, reading our e-newsletters, attending our webinars, etc.

While we consider those who pass the SOAR Online Course to be "SOAR-trained," it is not a formal "SOAR Certification" so to speak.  However, many states implement their own SOAR Certification procedures so it is important to know about your state's SOAR Process. Please visit your state's page for more information.

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Question:
When requesting medical records, what type of records are specifically needed? I requested ALL records for a client, and received over 500 pages from the hospital. In the future, can I make a more specific request for efficiency purposes?

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.

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Question:
Is it necessary to have a psychiatrist conduct the Mental Status Exam (MSE) on an applicant or will a licensed social worker suffice?

The Mental Status Exam must be performed by an "Acceptable Medical Source" (AMS) in order to establish a "medically determinable physical or mental impairment."

Acceptable Medical Sources include physicians, psychologists, advanced practice nurse practitioners (APRN), or physician assistants (PA).  Further, the APRN category includes: Certified Nurse Midwife, Nurse Practitioner, Certified Registered Nurse Anesthetist, and Clinical Nurse Specialist. Audiologists are also acceptable medical sources for hearing-related disorders.

Licensed Clinical Social Workers (LCSWs) are not included.

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Question:
When the MSR is signed by an Acceptable Medical Source (AMS) is there any HIPAA concern if the MSR contains information from other treating providers?

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.

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