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Question:
Is military deployment considered living overseas on question SSA-8000 15(a)?
No, military deployments do not count as residency abroad.
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Question:
Are there any sources of income that are not counted towards your SSI claim (i.e., VA Disability, Child Support)?
Yes, there are a number of unearned income (e.g. income derived from a source other than working) exclusions in the SSI program. There is a comprehensive list here, with links to more information about each source: https://secure.ssa.gov/poms.nsf/lnx/0500830099.
VA Disability payments are not excluded when looking at countable income for the SSI program, and you’ll see that they aren’t included in this table. These benefits are counted dollar for dollar, after a general exclusion of $20. For Veterans who receive a VA Disability Pension and are applying for SSI, their income will almost certainly be too high from the Pension payment to qualify for SSI. That said, they paid into SSDI through their military service and may qualify for SSDI, so that is worth exploring (for that, check with SSA to see if the Veteran has enough work quarters to potentially qualify for SSDI).
Child support payments are in this exclusions table (though the regulations can be a bit hard to sift through) – basically, SSA will exclude one-third of support payments made on behalf of a child when determining countable income. I find this link easier to read when discussing child support and main exclusions: https://www.ssa.gov/OP_Home/cfr20/416/416-1124.htm.
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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:
I am taking my client to SSA office to turn in SOAR packet. He does not have any form of identification, recently lost his wallet, will that be an issue?
Unfortunately, yes, it is likely to be an issue if the applicant comes with you to the SSA office. SSA is getting more stringent in needing identification in order to combat benefits fraud.
I encourage you to perhaps find a workaround to doing the in-person interview while you are working on getting a replacement ID for the applicant. In many areas, SOAR caseworkers are able to drop off a completed SSA-8000 and/or arrange for a phone interview.
If that's not possible, reach out to the SSA Homeless Coordinator/SOAR Point of Contact at SSA prior to the appointment about the lack of ID, so that it doesn't become an issue when you are there with the applicant.
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Question:
If the client is not homeless or at risk of being homeless, can I still assist them via SOAR?
All of the SOAR Critical Components and techniques learned in the SOAR Online Course can be used for any SSI/SSDI application. However, in order to indicate to SSA/DDS that it is a "SOAR" claim, the applicant must be experiencing or at risk of homelessness, as defined here.
Further, you want to be sure that you are following any additional steps as required by your State or community’s established SOAR process.
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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:
How does the SAMHSA SOAR TA Center calculate average days to decision for SOAR-assisted SSI/SSDI applications?
When reporting data in our SOAR national outcomes, we calculate days to decision from the time the application is turned in to SSA until DDS makes a decision on the application. The receipt from the Online Disability Benefit Application will show the date the application was received by SSA and the date on the notification letter from SSA can be used as the date of decision.
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Question:
Is there any reason to apply for SSDI for someone who has a 1 year work history and does not qualify for Disabled Adult Child benefits?
Yes! SSA will explore eligibility for SSDI for any adult applying for SSI benefits. The application is quick, easy and online. You will complete the SSDI application (called the Online Disability Benefit Application) when you are online completing the Online Adult Disability Report. It comes first in the process and is your way to help set the protective filing date for SSI. The applicant may get a denial letter for SSDI pretty quickly in the process. Do not despair, DDS will still be processing the medical decision and the SSI application will still be pending, despite that denial letter for SSDI.
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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:
Are Veterans eligible to collect both VA and SSA benefits at the same time? If so, is there a monthly cap?
Absolutely, Veterans who receive VA disability benefits may also receive SSA benefits, depending on the amount received from the VA and if they are approved for SSI or SSDI.
SSI: VA benefits will affect the SSI benefit amount. SSA classifies VA benefits as “unearned income,” since it does not come from paid employment. As such, it will be deducted dollar for dollar from the SSI federal payment amount, after the general exclusion of $20. (All SSI recipients are eligible for this exclusion, where the first $20 of earned or unearned income is not counted against their SSI payment.)
SSDI: Alternatively, SSDI benefits are not affected by unearned income through VA benefits.
Please read more at SSA and VA Disability Benefits: Tips for Veterans.
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