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Find answers to frequently asked questions.

Question:
Can a “T” Visa holder who is a nonresident and without a work history in the US apply for SSI benefits? She has severe medical needs.

Yes, she is “potentially” eligible because she is in possession of a non-immigrant T visa. See SSA guidance below which requires “proper certification” of status by the US Dept. of Health and Human Services. You will want to contact the individual’s local SSA field office and bring proper documentation.  See link below for documentation required to prove identity and status.

https://www.ssa.gov/ssi/spotlights/spot-non-citizens.htm

For purposes of SSI eligibility, individuals are not considered qualified aliens if they were admitted to the U.S. under the provisions of the Victims of Trafficking and Violence Protection Act of 2000.  Their eligibility is subject to the proper certification in such status by the U.S. Department of Health and Human Services and possession of a valid "T" non-immigrant visa.  Once the alien obtains proper certification and is in possession of a "T" non-immigrant visa, he or she becomes potentially eligible for SSI.

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Question:
Can a person establish a protective filing date online even if they are only applying for SSI and not SSDI? What if they have no work credits and can't apply for SSDI?

Absolutely!  Initiating the Online Disability Benefit Application sets the protective filing date for SSI as well as SSDI. Even without work credits, there are other ways an applicant may qualify for SSDI so we recommend applying for both programs. Further, completing the online application is an efficient way to submit medical and work information that is necessary to apply for SSI.

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Question:
Can a person receive both unemployment and SSDI?

Technically, it is possible to receive both unemployment benefits and SSDI, but it gets tricky.

When you apply for unemployment benefits you attest that you are ABLE to work but you lost your job through no fault of your own and are actively looking for work. When you apply for disability benefits, you attest that you are UNABLE to work at a substantial gainful level.  There are certain circumstances where someone might be receiving unemployment and become disabled after becoming unemployed or became unable to work while they were employed due to an illness or injury on the job. These folks might apply to both programs but must actively seek work to maintain the unemployment benefit.

 

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Question:
Can an Acceptable Medical Source (AMS) sign the Medical Summary Report if the client's main disabilities are mental but the AMS has mainly treated them for physical conditions?

Yes. By signing the MSR, the AMS is only indicating that they believe the included information to be true. It is likely that the provider has spoken with the individual about his/her mental illness, seen some records to that effect, and/or has witnessed some symptoms. In order to treat a patient properly for physical health conditions, the provider would need to be aware of medications and mental health treatment.  If the doctor does not want to sign off on anything that does not pertain to their specific field of practice, they could sign a reduced MSR that does not include reference to the other treating sources, but does include reference to all of the conditions that the doctor feels comfortable attesting to. 

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Question:
Can beneficiaries get an expedited or advanced payments from SSA?

SSA can start payments more quickly than usual in four different types of situations:

  • Presumptive Disability (PD) or presumptive blindness (PB) payment: Based on the severity of the condition and the likelihood that the claim will be approved, SSA may make payments for up to 6 months while DDS makes a final decision. This is not based on financial need.
  • Emergency advance payment: A one-time advance payment to new claimants who "face a financial emergency and who are due SSI benefits that are delayed or not received"
  • Immediate payment: An immediate payment to new claimants and SSI recipients whose benefits are delayed or not received and who face a financial emergency."
  • Expedited reinstatement cases: If benefits are terminated because of excess earned income or a combination of earned and unearned income, claimants can request to have benefits started again without having to complete a new application.

We recommend visiting SSA's website to find out more: Understanding SSI - Expedited Payments (ssa.gov)

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Question:
Can I get an Online Course certificate of completion even though I'm not licensed as a Social Worker or MFTI, etc.? I work for a non profit.

Yes, as long as you successfully complete the practice case component of the SOAR Online Course, you will receive a certificate of completion. It comes with 20 CEUs from the National Association of Social Workers for those who are licensed, but the course is open and available for those who are not licensed.

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Question:
Can I submit a 3368 on line?

Yes! We actually suggest that you submit both the SSA-3368: Adult Disability Report and the SSA 16: Application for SSDI online as part of a complete SOAR-assisted SSI/SSDI application packet. You can use the paper forms as worksheets and then transfer to the Online Disability Benefit Application and Adult Disability Report

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Question:
Can I submit a SOAR application for a homeless client who has physical disabilities but not mental illness?

Absolutely!  SOAR is designed to assist individuals who are experiencing or at risk of homelessness and have a serious mental illness, medical impairment, and/or a co-occurring substance use disorder. 

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Question:
Can I use the SSA-8001 form instead of the SSA-8000 when using the SOAR model?

We recommend against using the SSA-8001 form for a SOAR application because it contains less comprehensive information about an applicant’s income and resources. As such, the applicant would still need to complete an in-person or phone interview with SSA in order to complete the SSA-8000. By completing the SSA-8000 and turning it in to SSA, you can often avoid the need for this interview.

If you find that your local SSA office is not accepting the SSA-8000 from in lieu of an interview, I encourage you to reach out to your SOAR TA Center Liaison and SOAR State Lead so that they can provide local assistance.

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Question:
Can minors/children receive SSI, and is the money given to the legal guardian?
Yes, minors (children under age 18) can receive SSI if they meet the childhood criteria for disability. Whether or not the legal guardian receives the money depends on a few factors. Individuals under age 18 are generally presumed to be incapable of handling their own funds and would need a representative payee, so a legal guardian or other payee service would manage the funds. Children under age 15 are required to have a payee.
 
In some instances a child aged 15-17 may be determined as capable of handling his/her own funds if one of the following conditions exists:
 
  • The child is entitled to disability benefits based on his/her own earnings.
  • The child is on active duty in the armed forces
  • The child is living alone and self-supporting
  • The child is a parent and filed for his/her own or his/her child’s benefits,  and has experience handling finances
  • The child is within 7 months of attaining age 18.
  • The child has demonstrated the ability to handle finances, and no qualified payee is available.
 
In addition, if a child is emancipated under state law, he/she is not required to have a payee, unless there are indications to the contrary. More information about determining capability in children can be found here
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