Problems and Opportunities

When you’re interviewing a Social Security disability claimant as part of the client intake process, you should think through the five-step sequential evaluation process, looking for potential problems that can arise.

For example, if a claimant is currently working, you will need to determine whether the work constitutes substantial gainful activity, and if so, whether there are impairment-related work expenses that can be deducted from earnings or whether the substantial gainful activity falls within a trial work period. Similarly, if a claimant is receiving unemployment benefits, you’ll have to reconcile the fact that he is telling one government program that he can work and another that he cannot. In such a case, you may need to amend the alleged disability onset date or base the claim on a theory of medical worsening.

It’s not impossible to overcome obstacles such as these, but they will make a claim more difficult, which may enter into your consideration of whether to accept the client in the first place. Conversely, your client intake interview may uncover factors that will work to your benefit. If a claimant’s impairment meets SSA’s Listing of Impairments, for example, this can simplify the claim.

In this section of the website, we will discuss each of these issues in greater depth and point out some other problems and opportunities to look out for during disability client intake.