FAQ

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.

In recent years, DDS has developed the ability to quickly access VA medical records electronically, which should be triggered when you fill out the electronic application (specifically the SSA-3368 Adult Disability Report) and document that the applicant received treatment from the Veterans Health Administration. An electronically signed SSA-827 will also need to be in the file. When SSA transfers the case to DDS and it is noted that the applicant received VHA care, the system automatically sends an electronic request for records to VHA. The full process they use is here, and it's pretty interesting: https://secure.ssa.gov/poms.nsf/lnx/0422505022.

For SSA, the only required release of information is the SSA-827. However, the VA may also require that the Veteran sign a form 10-5345 Request for and Authorization to Release Medical Records and Health Information.

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.

At the hearing level, many Administrative Law Judges (ALJs) will invoke ‘Rule 3.7: Lawyer/Advocate as Witness’.  Under the advocate-witness rule, you cannot serve as both advocate (via the SSA-1696) and witness.  The ‘witness’ is required to testify on the basis of personal knowledge, while an advocate is expected to explain and comment on evidence given by others. This dual role can give rise to a conflict of interest.

In your case, the ALJ viewed the 3^rd Party Function Report you completed as ‘providing witness testimony’ which can prejudice the ALJ’s decision. Often, the ALJ will recognize that the SOAR case worker is not familiar with this rule, and educate them on their options.  When there is other evidence in the file and the SOAR case worker does not need to testify themselves, they will remain the official 1696 representative. By doing so, they are able to cross examine expert witnesses and directly examine the applicant (i.e. ask them questions in front of the judge during the hearing).

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.

Yes, see the Criminal Justice version of the "Identifying SOAR Applicants" tool on the SOAR Tools & Worksheets page.

Section 8 Housing Choice Vouchers are not time-limited and so typically are not used in transitional housing. Individuals and families who are using housing vouchers may be eligible for SOAR assistance if they do not have their own income that would allow them to remain stably housed without the voucher.

A general privacy release can be used to communicate about the applicant to friends/relatives/other service providers, etc. This can be the SOAR sample (even if it is not for medical records) or a more generic one. Here is another example from CSH.  Most agencies have a privacy release that they use at intake or for these purposes. 

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. 

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.