Disability Benefits during an Unsuccessful Work Attempt

The Social Security Administration (SSA) defines an unsuccessful work attempt as an effort to do substantial gainful activity (SGA) that you had stopped or reduced below the established level because of your impairment or removal of conditions that were essential to you performing your previous work.

SGA can be either employment by another party or self-employment. An unsuccessful work attempt is one where the period of employment lasts no longer than 6 months and ends because of your impairment or loss of special conditions necessary to your ability to work.

An unsuccessful work attempt can affect your Social Security disability benefits in several ways, so it is important to discuss an attempt at SGA with a Ft. Lauderdale disability attorney. Fortunately, the SSA does not penalize you for earnings gained during an unsuccessful work attempt in most cases.

Benefits of an Unsuccessful Work Attempt

When you receive Social Security disability benefits such as SSDI you may attempt to return to work without fear of losing your benefits if the attempt becomes an unsuccessful work attempt. Your Social Security disability benefits are periodically reviewed for continuation, and any work attempt that lasts less than 6 months will not impact your benefit continuation.

If you are receiving SSI disability benefits an unsuccessful work attempt will only be considered at the time you file your initial claim. After that period, any other unsuccessful work attempt will not be considered in determining your SSI disability benefits payment.

Determining an Unsuccessful Work Attempt

The SSA will evaluate any attempt at SGA as a work attempt and later deem it to be unsuccessful if there was a significant break in the continuity of the claimant's work. A significant break is considered to be:

• discontinued or reduced work activity because of their impairment;
• discontinued or reduced work activity because of removal of conditions that allowed the claimant to work with their impairment;
• discontinued or reduced work activity prior to the onset date of their impairment for reasons unrelated to the impairment (retirement or layoff); or
• when the claimant has not been previously engaged in SGA.

The SSA considers a discontinuation of SGA to be for a period of 30 consecutive days or if the claimant was forced to change to another type of work or another employer.

Because an unsuccessful work attempt can last no longer than 6 months before it is considered successful, it is important to document your work durations, including any absences due to your impairment. There are also many criteria that may change in classifying an unsuccessful work attempt when it lasts from 3-6 months. For the best advice on how to verify and establish an unsuccessful work attempt, you should consult a Ft. Lauderdale disability attorney to ensure you do not harm your Social Security disability benefits.

Contacting a Ft. Lauderdale Social Security Disability Attorney

If you or your loved one is suffering from a severe physical or mental disability, you should contact a Social Security Disability lawyer immediately to learn about your rights and determine eligibility. The process of securing Social Security Disability and/or Supplemental Security Income benefits can be difficult and overwhelming. Don't go it alone! The attorneys at LaVan & Neidenberg, located in downtown Ft. Lauderdale, understand the inner workings of the Social Security Administration and will help you navigate the system. Call us today for a FREE legal consultation - 1-888-234-5758.

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