What does Social Security consider an unsucessful work attempt?

Social Security defines an unsuccessful work attempt (UWA) as:

"A UWA is an effort to do work in employment or self-employment that discontinues or reduces to the non-Substantial Gainful Activity (SGA) level after a short time (no more than 6 months) because of the impairment or the removal of special conditions related to the impairment that are essential to the further performance of work. Work performed during a UWA does not prevent a finding of disability. "

First many Claimants tend to have a spotty job history prior to filing because they are doing everything they can to not file.  So if a Claimant has two four month stints of employment separated by time prior to filing the onset date should be set back prior to those work attempts in an attempt to maximize the Claimant's back pay.

Same scenario but Claimant performs these jobs after filing and before his hearing arguing a UWA might make the difference between winning and losing. This is why it is important to hire a Representative who has experience in matters like these and not go at it alone. If you haven't hired a representative call our office if you like and if you do not CALL SOMEONE ELSE. Do not go at it alone.

Jason Baril
Disability Advantage Group


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