What Is an “Unsuccessful Work Attempt” in a Social Security Disability Claim?

What Is an “Unsuccessful Work Attempt” in a Social Security Disability Claim?

One concern we often hear from people applying for Social Security Disability benefits is this:

“I tried to go back to work, but it didn’t last. Did I hurt my disability claim?”

The answer is often no.  In fact, it can actually help your claim.

The Social Security Administration recognizes that many people who suffer serious injuries or illnesses will attempt to return to work before they fully understand the extent of their limitations. When that attempt fails because of the person’s medical condition, Social Security may treat that effort as an “unsuccessful work attempt.”

What Is an Unsuccessful Work Attempt?

An unsuccessful work attempt occurs when a person tries to return to work but must stop because of their medical condition.

If Social Security determines that your return to work was an unsuccessful work attempt, the work activity may not count against your disability claim, even if you earned some income during that time.

In other words, the agency may treat the work attempt as though it never happened when evaluating whether you were disabled.

When Does Social Security Consider Work “Unsuccessful”?

Generally, a work attempt may qualify as unsuccessful if:

• You attempted to return to work after your medical condition forced you to stop working, and
• The work lasted six months or less, and
• You had to stop working or reduce your hours because of your medical condition.

Sometimes a work attempt lasts only a few days or weeks. In other situations, a person may try working for several months before realizing that their medical condition simply will not allow them to continue.

The key issue is why the work stopped. If the work ended because of your medical limitations, Social Security may treat it as an unsuccessful work attempt.

Why This Matters in a Disability Claim

When Social Security reviews a disability claim, one of the first questions it asks is whether the applicant is able to engage in substantial gainful activity.

If someone appears to be working and earning income, the agency may initially assume that the person is capable of working; however, when the work activity qualifies as an unsuccessful work attempt, Social Security may disregard that work activity and continue evaluating the disability claim.

This can make an important difference in whether a person qualifies for disability benefits.

Trying to Work Does Not Automatically Hurt Your Claim

Many people feel discouraged or embarrassed when they attempt to return to work but cannot continue because of their medical condition.

But attempting to work can actually demonstrate something important: that you wanted to work but your medical condition prevented you from doing so.

For that reason, an unsuccessful work attempt does not automatically prevent someone from qualifying for Social Security Disability benefits.

Every Case Is Different

Whether a particular work attempt qualifies as an unsuccessful work attempt depends on several factors, including:

• How long the work lasted
• How much income was earned
• Why the work ended
• The medical evidence supporting the limitations

Because these issues can affect the outcome of a disability claim, it is important to carefully document the circumstances surrounding any attempt to return to work.

If you or someone you care for has recently been denied Social Security Disability benefits, or if you just have questions about your rights to disability benefits, please do not hesitate to contact and speak with one of the experienced  Social Security Disability Lawyers at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live. And remember, there is no fee unless you win.

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What Is an “Unsuccessful Work Attempt” in a Social Security Disability Claim?