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Find answers to frequently asked questions.

Question:
I have been meeting with a client regarding SOAR, but after seeing their records, I do not believe they qualify or will be approved for benefits. How do I talk to them about it? Am I obligated to continue the application?

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

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Question:
I just went with someone to a consultative examination. When will we hear the decision on the application?

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.  

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Question:
I received a notice with a patient’s alcohol and drug abuse records that I could not “further disclose” the information. How can I send them on to SSA?

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.

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Question:
I requested records from a provider using a faxed copy of both the SSA-827 and my agency’s release. This provider will not release them without an original signature on the authorization form and I only have a copy. What do I do?

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

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Question:
I saw SOAR training on our Continuum of Care (CoC) application. Should my CoC get involved with SOAR?

Absolutely! The U.S. Department of Housing and Urban Development (HUD) Continuum of Care Program (CoC) plays a key role in ending homelessness in communities and states. HUD’s description of the program includes: “The Continuum of Care (CoC) Program is designed to promote communitywide commitment to the goal of ending homelessness; provide funding for efforts by nonprofit providers, and State and local governments to quickly rehouse homeless individuals and families while minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness; promote access to and effect utilization of mainstream programs by homeless individuals and families; and optimize self-sufficiency among individuals and families experiencing homelessness” (emphasis added)

SOAR is critical in HUD’s mission to promote access to Social Security disability benefits for individuals with disabling conditions. This access helps promote housing stability and prevents future homelessness for these individuals. As a result, SOAR should be included in local CoC plans to end homelessness.

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Question:
I was told there was a list of questions that was good to use during an ALJ appeal hearing.

"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."

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Question:
I'm trying to upload the SSA forms for the SOAR online course and I'm getting a message that the file size is too large. How do I submit my forms for the course if I cannot upload them?

If you are having difficulty uploading documents for the SOAR online course, please contact us at 518-439-7415 x2. We can walk you through the uploading process or can arrange to accept the documents via email or fax.

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Question:
I'm working with a client who has indicated that both her treating psychiatrist and her primary care doctor are willing to sign the MSR. Is there any advantage to having 2 signatures? Could this cause any issues?

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.

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Question:
I'm working with a youth in foster care who is receiving SSI and will soon be turning 18. When can he apply for SSI as an adult?

In general, a child/youth can apply for adult benefits the month before they turn 18.

However, there is an exception for disabled youth transitioning out of foster care. Disabled youth receiving Title IV-E federal foster care benefits usually cannot become eligible for SSI until foster care payments have stopped. Even if the individual had been receiving SSI as a child, a new determination must be made under the adult rules once that person is 18. To help with this transition, SSA will accept an SSI application from a youth up to 180 days before his or her foster care eligibility will end due to age. You can start collecting all of the youth's medical records and preparing the application materials. Then you would have the completed SOAR packet ready to go as soon as they are able to submit the application.

For more details, see https://secure.ssa.gov/apps10/poms.nsf/lnx/0500601011!opendocument.

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Question:
I’m working with an applicant who is transgender and currently in the process of changing her name. What do we do if her name change is finalized during the application process?

SSA recommends that the applicant ask their SSA field office to make a special note of this for DDS and, once the application has gone to DDS, to touch base with the disability examiner to remind them. As the SOAR case manager, you can indicate that a name change is in process in the ‘Remarks Section’ of all SSA forms, as well as in the Medical Summary Report. You could also include the name change document with the completed SOAR application. By keeping up good communication with DDS, the Examiner will be aware that the applicant’s name, gender, DOB, and SSN may not match all medical documentation. SSA also suggested informing the applicant's medical sources to ensure they are aware for medical records purposes. 

Here are some helpful links regarding name/gender changes:

 

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