Unsuccessful Work Attempts
What does Unsuccessful Work Attempts mean?
An unsuccessful work attempt is an attempt to return to full-time employment which has failed due to a claimant's physical or mental health condition. To be considered an unsuccessful work attempt the claimant must have stopped working for at least 30 days because of their health impairments (or reduced their earnings below the SGA level for 30 days because of the impairments). The reasons for this loss of employment can vary: the claimant was required to change to another type of work or another employer because of their impairment, the special working conditions for their impairment were removed, or because of reasons unrelated to the impairment.
If the worker worked between 3 and 6 months there are different rules for determining if it was an unsuccessful work attempt. For instance, the claimant may be able to prove it was an unsuccessful work attempt if their wages were reduced below the SGA level because they were frequently absent from work, their work was not good because of their impairment or they were working under special conditions. If a claimant worked at SGA level for over 6 months it will not be treated as an unsuccessful work attempt. Talk to the SSA or a disability lawyer if you have questions.
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Category: Employment Law