Skip to main content

Icon faq FAQ

Find answers to frequently asked questions.

Question:
If a child receives SSI, how does the family's income affect his/her benefits?

"We consider your child’s income and resources when deciding if your child is eligible for SSI. We also consider the income and resources of family members living in the child’s household. These rules apply if your child lives at home. They also apply if he or she is away at school but returns home from time to time and is subject to your control.

If your child’s income and resources, or the income and resources of family members living in the child’s household, are more than the amount allowed, we will deny the child’s application for SSI payments."

Source: https://www.ssa.gov/pubs/EN-05-10026.pdf

View
Question:
If a client already has social security benefits because they are 65 or older, can they apply for SSI with the SOAR process?

If the person is already receiving Social Security retirement benefits they could be eligible for SSI benefits as well if their Social Security retirement benefit amount is lower than the SSI federal benefit rate (set annually by SSA). You won't need to use SOAR to help this person apply for SSI benefits because they will be applying for SSI aged benefits as opposed to SSI disability benefits. It's a much simpler and quicker process. You can simply help them call their local SSA field office to schedule an appointment to apply for SSI aged benefits.

View
Question:
If a person has already filed an SSI/SSDI application prior to meeting with the SOAR benefit specialist and they meet SOAR criteria, can we still file the SSA 1696 and represent the client's claim under the SOAR model if the client requests this?

Absolutely!

SOAR case workers can submit the SSA-1696: Appointment of Representative form to the SSA field office, and then begin communicating with SSA/DDS about the status of the application and any additional information needed. They can gather medical records, write a Medical Summary Report, and assist with SSA forms

You can learn more about this by reviewing the article, "Prior or Pending Applications."

View
Question:
If a U.S. Citizen is dishonorably discharged, can s/he still receive Social Security benefits?

Yes, discharge status does not matter for citizens.

View
Question:
If an American Indian is receiving General Assistance (GA) from the Bureau of Indian Affairs (BIA), will that affect their eligibility for SSI?

BIA GA is a federally funded program administered through a local agency or tribe that provides needs-based cash assistance. This income is counted on a dollar-for-dollar basis when calculating the SSI benefit amount.

View
Question:
If an applicant is approved for SSI/SSDI, will they lose their medicaid and be placed on medicare? If they can have both, which would be their primary insurance?

If a person is approved for both SSI and SSDI they will maintain Medicaid because SSI benefits include Medicaid. However, some states require a separate Medicaid application, (https://www.ssa.gov/disabilityresearch/wi/medicaid.htm).

Medicaid coverage for services varies from state to state. Here is a link that will take you to your state's Medicaid agency: https://www.medicaid.gov/about-us/contact-us/contact-state-page.html.

SSDI benefits include Medicare, but there is typically a 24 month waiting period before the SSDI beneficiary can begin to have Medicare coverage (see Page 12 at https://www.ssa.gov/pubs/EN-05-10029.pdf).

Once the beneficiary has both Medicaid and Medicare, Medicare is typically the primary insurance.

View
Question:
If an applicant wants to "fire" their attorney, will they have to pay them a fee?

Generally when an attorney is fired after the individual has signed the SSA-1696 (and possibly other binding documents with the attorney), the attorney has to file a fee petition with SSA defending their right to be paid. The attorney/representative must detail what services were performed while assisting the applicant. You can read more about the fee petition on the SSA website and see the form that is filed: http://www.ssa.gov/representation/fee_petitions.htm. SSA will determine whether or not the representative is granted the entire fee or a partial fee. 

View
Question:
If someone already receives SSI, is it possible that they might qualify for SSDI instead? Is it worth pursuing?

When an applicant files for SSI, they are automatically also considered for any SSDI benefits (or other associated benefits) for which they may be eligible at the time of application. If the applicant is not eligible at the time of application for SSDI, but is eligible for SSI, they may become eligible for SSDI in the future. This occurs one of two ways:

  1. If the beneficiary works and earns enough work quarters to qualify for SSDI based on their own earnings record, they could be moved to SSDI. The beneficiary can check their work quarter status by signing up for a “my Social Security” account.
  2. If the beneficiary became disabled before age 22 and was receiving SSI, they may be able to switch to SSDI based on a parent’s earnings record if the parent retires, becomes disabled, or dies.

If the beneficiary believes that he/she may be eligible based on the above situations, we encourage him/her to reach out to SSA to discuss their circumstances before filing the application. 

View
Question:
If someone asks for a copy of their Medical Summary Report, do you give them a copy ?

The short answer is "yes." If someone asks to see their Medical Summary Report, you can provide it to them in the same manner that your agency would release a copy of their medical records to them.

However, there are some other factors to keep in mind.  Since the MSR focuses on an applicant's symptoms and functional limitations rather than their strengths, we recommend talking with them first to explain that the report is written in this manner to demonstrate how they may be eligible for SSI/SSDI and that SSA needs to see numerous examples of their limitations. Remind them that they have a lot of personal strengths and that this report is not a full reflection of that.

It is important to speak with the applicant throughout the process in order to alleviate any concerns about what information will be included in the MSR. One best practice to establish transparency and trust is to ask permission on the first interview to take notes. Tell the applicant that at any time they can ask you to stop taking notes or to see what you are writing.  Emphasize that your goal is to capture their words so that they can tell their story to SSA through this process.  Ultimately, the MSR is comprised mainly of their quotes and information they have provided to you.

Reading about one's symptoms and limitations can be very difficult and through this conversation applicants may find that they aren't prepared for that or that it would not be beneficial for their recovery. But, if after this preparation, the applicant wants to read the MSR, then that is their right to do so, following your agency's guidelines.

View
Question:
If someone has a pending claim for SSDI under appeal with an attorney involved, should/can a SOAR application be submitted?

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.

View