What does Social Security consider an unsuccessful work attempt?

A failed work attempt is a word used by disability attorneys and the Social Security Administration (SSA) in the area of Social Security disability as an allowed "reason" for why an applicant was working if he or she was asking for Social Security disability. (A disability applicant will be ineligible for benefits if he or she works at or over the significant gainful activity (SGA) threshold, which is $1,350 in 2022.)

An ineffective work endeavor is one that fails within six months owing to your disability. If a period of employment is regarded as an unsuccessful work attempt (UWA), that work might be overlooked, making the applicant eligible for disability benefits throughout that time period.

Contrary to common misconception, a UWA is not covered by the trial work period criteria, which allow you to continue receiving benefits while looking for work. An failed job search generally occurs before to obtaining aid, not after. (However, a failed work attempt can apply to work done after your benefits were terminated due to employment activity but before you requested a prompt reinstatement of your benefits.)

What is an Unsuccessful Work Attempt?

If you worked for years and never stopped working owing to your severe symptoms until the day you claim you became disabled on your disability application, your employment cannot be considered a UWA. You must have stopped working for some time before starting your new job try to be labelled a failed work endeavor (the one you want to count as a UWA). In other words, previous to the unsuccessful job endeavor, There must have been a significant gap in your work continuity.

You must have stopped working for at least 30 days as a result of your impairments (or reduced your earnings below the SGA level for at least 30 days as a result of your impairments), either because you were forced to change jobs or employers as a result of your impairment or because special working conditions related to your impairment were removed (see below).

Trial Work That Lasted Less Than Six Months | TWP < 6 Months

If you worked for less than six months and then left or reduced your employment below the SGA level owing to a medical condition, your work effort may be judged unsuccessful.

You must have departed because of your disability because:

• - You couldn't complete the assignment because your doctor's limitations prohibited you from doing so, or because
• - Extraordinary circumstances that required you to do the work despite your disability were removed.

"Special conditions" are modifications imposed by your employer to enable you to do your tasks, and they include (but are not limited to):

• - Specialized equipment and specific assistance from teammates in executing your task particular preparations, such as
• - Assistance with getting ready for work or
• - Transportation to and from work,
• - Authorization to work irregular hours, and
• - Permission to take frequent rest breaks
• - Permission to work at a lower productivity level than other employees,
• - Work assignments specifically adapted to your medical condition, or
• - Being allowed to work despite your handicap because of a family or
• - Past work relationship with your firm, or
• - Other philanthropic reasons

Work That Lasted Over Six Months

Work efforts at the SGA level that have lasted more than six months cannot be regarded failed work attempts, regardless of the cause for the end of the work (or was reduced below the SGA level).

How to Use Your Work as Work That Doesn't Count to Your Advantage

The disability start date is the day that a disability claimant was unable to work due to a disability. Job applications that were unsuccessful may be used to compute an applicant's start date. This is how it's done: A decision to consider a period of work as an unsuccessful work attempt may result in an earlier onset date (before the unsuccessful work effort), whereas a decision not to consider a period of work as an unsuccessful work attempt may result in a later onset date (after the unsuccessful work effort) (after the completion of the work attempt).

For Instance: David applies for SSDI in July 2022, alleging a March 1, 2020 beginning date. David worked at the SGA level for two months during the 2020 Thanksgiving and Christmas breaks after not working in March and April, and then stopped working owing to his disability. If he is unable to show that his work was a failed work attempt, his earliest feasible start date is January 2021. If his vacation employment is considered ineffective, he is eligible for an early start date of March 1, 2020. He would not receive as many months' backpay without these UWA limits as he would with a March 1, 2020 start date.