WHAT IS AN UNSUCCESSFUL WORK ATTEMPT?
SSA’S UNSUCCESSFUL WORK ATTEMPT
An unsuccessful work attempt is when you try to work while you are waiting for benefits. But, even though your try, you simply fail because of your severe medical condition. Many people call us, while they are waiting for the SSA to make a decision, and ask if they can make a “work attempt.” Next, they ask if they can work and still get SSD benefits.
The best answer to that question is if you can’t work due to illness, then don’t work. Obviously, not working means you have no money to pay the bills. Most people quickly run out of savings. Then, they want to attempt a part time job or even work one day a week. However, whenever you work, the SSA is going to see that “work attempt” as evidence that perhaps, despite your disability, you could work.
Even if they are ill, some people do try to work. If the work attempt is less than six months and ends due to the symptoms of your medical condition, then the SSA may find that your attempt at work is an “unsuccessful work attempt.” Or, for short, a “UWA.” If you think you may qualify for SSDI and SSI benefits, even though you have had some short work attempts, then contact our law firm. We can explain whether or not your work prevent you from receiving SSD benefits.
AN UNSUCCESSFUL WORK ATTEMPT MUST MEET CERTAIN CRITERIA
Social Security law requires that your severe medical condition keeps you from performing substantial gainful activity (SGA) for 12 months or more. However, SSA rules permit an individual to work for six months or less, in spite of their medical or physical condition, even within the initial 12 month period of disability.
On November 16, 2016, the SSA issued 20 CFR 404.1574(c). That law states that a person can be found disabled for the required minimum of 12 months in a case in which the worker is off work for 30 days or more, then attempts to return to work for up to six months or less. At which point the same health condition forces the person to stop work again for an indefinite period. That is a long sentence. But, this post explains what the regulation means.
If you are performing substantial gainful work activity or you work for a period of time during which you state you deserve benefits, then it is important to know whether your work is an unsuccessful work attempt (UWA) under the SSA’s laws.
HOW DOES SSA DEFINE THE “UWA” OR UNSUCCESSFUL WORK ATTEMPT?
The UWA concept is designed to provide a way for the SSA to disregard relatively brief work attempts. These attempts at work do not show the ability to sustain SGA.
SSA’s regulations state: “We generally consider work that you are forced to stop or to reduce below the substantial gainful activity level after a short time because of your medical condition to be an unsuccessful work attempt. Your earnings from an UWA will not show that you are able to do substantial gainful activity.”
For self employed individuals, SSA regulations 20 CFR §§404.1575(a)(2) and 416.975(a) state: We will generally consider work that you were forced to stop or reduce to below substantial gainful activity after 6 months or less because of your medical condition as an unsuccessful work attempt.
If you lose a job, then you may qualify for unemployment benefits. This is a very different type of benefit than an unsuccessful work attempt. In fact, when you receive unemployment benefits, you sign a form stating that you are looking for work. Therefore, many judges believe that when you apply for unemployment benefits at the same time as you file for SSD benefits, that you are doing two opposing things. Because when you file for unemployment, you state you are looking for work. But when you file for SSD benefits, you are stating you cannot work. Judges don’t like that.
SOCIAL SECURITY RULING 84-25
The SSA issues Social Security Rulings (SSR) to help us understand how they apply their rules. Social Security Ruling 84-25 explains the concept of the unsuccessful work attempt. It states that the UWA concept applies to both an initial case and when disability continues or ceases.
Both SSR 84-25 and the regulations state that there must be a significant break in your work activity before it will be found that you began a work attempt that later proved unsuccessful.
For SGA, substantial work may not count if it is reduced to the non-SGA level after a short time because of your physical or mental condition. Likewise, your work may not count if special conditions related to your illness were essential to perform work.
WHAT IS A BREAK IN WORK ACTIVITY?
In order for there to be a significant break in work activity certain events must occur. For example, a break occurs when, because of your impairment or the removal of special conditions related to the impairment that are essential in further performance of the work, the work was discontinued.
Likewise, a break occurs if your earnings go below the non-SGA level. A break can also occur, before the onset of the condition, when you stop work for other reasons. Those reasons include retirement or never engaging in work activity.
Work will be considered “discontinued” if you were:
(1) out of work for at least 30 consecutive days or
(2) you were forced to change to another type of work or another employer. (On rare occasions a break lasting a few days less than 30 days may satisfy this rule if the subsequent work episode was brief and clearly not successful because of a severe medical condition.)
(3) The third rule for an UWA is that your work effort must be six months or less. Additionally, the work effort must have ended or have been reduced to the non-SGA level within six months. Furthermore, the reduction must be due to the medical condition or to the removal of special conditions related to the medical condition that are essential to the performance of work.
SPECIAL CONDITIONS FOR AN UNSUCCESSFUL WORK ATTEMPT
The SSA considers special conditions when looking at a UWA. For example, you may work where your employer has given you special accommodations. Or, you may be working due to an unusual job opportunity, such as in a sheltered workshop. These are special conditions.
Special or unusual conditions, for example, may be that you require special assistance from other employees to perform your job. Likewise, your boss may allow you to work odd hours or take extra rest periods. Some employers give the worker special equipment to help them work despite their illness. For example, your work may provide a desk that allows you to change positions between sitting and standing. Or, perhaps you have a special chair that allows you to lean back or that raises you to a standing position. Some work places give employees a soft surface to stand on instead of a concrete floor.
Also, some people are only able to work due to specially arranged circumstances, such as when they need help getting ready for work. Or, they need help traveling to and from work. Likewise, there are some work places that might allow you to work fewer hours or come in late due to your medical condition. You should report all of the special conditions that your employer did to the SSA. That way the SSA can see that most employers would not give you those options.
OTHER SPECIAL CONDITIONS FOR UNSUCCESSFUL WORK ATTEMPT
Additionally, special conditions exist when a worker performs at lower production rate than other workers and the employer allows it. Another example that we often see is, despite the medical condition, a family member employs the worker. Many people work for family. But if your family member is your boss and allows you to do things that other workers cannot, then you have special work conditions. It is wise to submit any evidence of special conditions to the SSA.
For example, have your boss (who may be a family member) write a letter to the SSA. In that letter, your boss or supervisor can state that you had extra breaks, got to come in late or leave early. It is also possible that your boss let you work fewer hours or even paid you more money for less work. Likewise, your employer may keep you on the payroll due to years of loyal work for the company. Also, your employer may let you keep your job for other reasons. Make sure you submit that evidence to the SSA.
It is important to note that a work effort of over 6 months cannot be an UWA even if your work ended due to illness and even if your earnings go below the non-SGA level. Learn about how work can be a mistake that affects your SSD benefits.
WHAT IS A CLOSED PERIOD OF SSD BENEFITS AND CAN YOU HAVE AN UNSUCCESSFUL WORK ATTEMPT DURING ONE?
A closed period of benefits means you win benefits, but your period of disability has a beginning and an end. However, a closed period cannot exist unless you have been off work for 12 months or more.
In order to explain this, let’s look at an example, such as a car accident. If you are in a terrible car accident, your injuries may prevent you from working. However, over a period of two years, your injuries may heal.
Therefore, two years from the date of your accident, you return to work. If your injuries were severe enough and you can prove you couldn’t work during those two years, then you would be eligible for benefits. In short, if you request a period of benefits with a beginning and an end, it is like asking for past due SSD benefits. With a closed period, you will not get ongoing benefits into the future. However, benefits do pay out two months past the end date of the closed period.
If you return to work after you heal, then you cannot get ongoing benefits, because you are working. Working at a job makes you ineligible for SSDI benefits. However, you can still receive benefits for the time that you were unable to work due to your illness. A closed period of benefits can even occur if you tried to work in the middle of those two years.
For example, if you return to work for one month and you have to stop working due to your medical condition, then your work attempt is an UWA. SSD benefits are still payable in the months during an UWA.
OUR LAW FIRM CAN HELP YOU WIN SSD BENEFITS TODAY
We know that having a physical or mental condition that keeps you from working is a huge change. Also, it is not an easy change. You need money every month. That is where we come in. Our lawyers can help you win SSD benefits.
We can help you even if you have had an unsuccessful work attempt since you applied for benefits. Also, learn more about how to earn work credits that qualify for SSDI benefits. If you are looking for an attorney to help you, then you are in the right place. You can trust us.
If you want to know more about our lawyers and staff, then go to our About Us page. There you can read about our legal experience. For example, Andria Summers can help you understand the disability rules. Dianna Cannon has been helping people win benefits for over thirty years. Additionally, she has also won thousands of SSDI cases. Brett Bunkall also has significant experience helping people obtain their SSI and SSD benefits.
In the past 30 years, we have won over 20,000 SSDI and SSI cases for our clients. Also, we help our clients argue for an UWA so they don’t lose benefits. Our application specialists can help you apply for SSI and SSD benefits using the SSA’s website.
WE WORK FOR FREE & YOU ONLY PAY IF YOU WIN YOUR SSD BENEFITS
If you need SSD benefits, then hire us to help you with your case. In order to hire us, all you need to do is call or contact us. We offer a free review of your case over the phone. And, it doesn’t cost anything to call us.
Better yet, it also doesn’t cost you any upfront money to hire us. Why? Because you only pay us an attorney fee when we win your case. This means if we win your case, then you pay the attorney fee out of your back benefits. If you do not win your case, then there is no attorney fee to pay. The attorney fee is set by the SSA at 25% of the past due benefits.
If there are costs in your case, then you pay those. Your costs are for things like paying for medical records, mailing, or filing fees. Typically, however, you will only need to pay the cost for a copy of your medical records. Although, you might need to pay your doctor to write you a letter of support.
Try not to worry about costs. In most cases, the costs are less than $100. Once we win your SSI and SSDI benefits, the attorney fee comes from your past due benefit. However, to hire most lawyers, you have to pay upfront fees. We don’t require that.
WHAT IS A FREE REVIEW OF YOUR SSD BENEFITS?
Our law firm offers a free review of your case. But, what does this mean?
It means we will talk to you about your case over the phone. Also, we will discuss whether or not any work you do qualifies as an unsuccessful work attempt. We will not charge you to examine the merits of your case. Most lawyers do charge an attorney fee to review your case. We do not.
However, providing a free review of your case is not the same thing as becoming your attorney. We examine your case based upon the facts you give us. Sometimes, we will request that you send us medical records or a copy of your SSA paperwork. We do this so we can understand the details of your case. Even if we ask for more information, it does not mean we accept your case. We don’t accept all cases. You need to understand that a law office is not an Emergency Room that helps all people who are hurt. There is no rule that we must accept every case and we have our own standard of choosing cases. Your case may not meet our criteria. Unlike a bus, we don’t have to stop for everybody who wants a ride.
You will know if you hire our legal team because we will send you our contract and other SSA paperwork. This paperwork must be returned to us immediately. If you do not sign and send the paperwork back, then we are not your law firm. We will send you a stamped envelope to send the paperwork back to us.
RETURN YOUR PAPERWORK AS SOON AS POSSIBLE
If you don’t return your contract and other signed paperwork to us, then we are not yet your law firm. We cannot represent you until we have all of your signed paperwork. Therefore, if the SSA sends a denial or other paperwork, we won’t get a copy. We won’t get it because the SSA does not yet know we are your law firm. Also, we can’t get your medical records until you send your paperwork to us. We need a release of information to prove we have your permission to review your medical records. So, send it all back as soon as possible. Without your paperwork, we cannot walk you through the five step Social Security review process.
If you have questions, then we want to help you. Call us. We will answer your questions. But, we can’t do anything on behalf of your SSD case until we have your official signed paperwork. You can review our client paperwork on our Fee Agreement and Important Forms page. Once you return your paperwork, we will send it into the SSA. Then, the SSA knows we are your legal team. After that, the SSA should call us about your case, instead of you. Once you hire an attorney, it is wise to let the attorney talk to the SSA on your behalf. Only talk to the SSA if your attorney tells you that you should do it.
Finally, we want you to have the benefits you need to take care of yourself and your family. Take advantage of our free review of your case. Call now. See what we can do for you. Let our legal team answer your questions about when you should be paid benefits. We will also answer questions for you if you have an unsuccessful work attempt.
