Friday, February 1, 2013

Unsuccessful Work Attempt

An unsuccessful work attempt (“UWA”), which can last up to six months, occurs when a Social Security Disability (“SSD”) claimant who stopped working, goes back to work. An UWA can benefit an SSD applicant because it may remove what would otherwise be a disqualification for benefits for a certain time period. 

 I received a favorable decision today for a former activities aide, who had been approved by the State agency for SSD as of January 1, 2012, which is the last date that she worked. I asked an Administrative Law Judge (“ALJ”) to amend the onset date to May 16, 2011, which is when she initially stopped working, before trying to resume working from November 1, 2011 through January 1, 2012. 

I contended that the claimant’s working for two months from November 1, 2011 through January 1, 2012 constituted an UWA. Citing SSR 84-25, the ALJ agreed and approved May 16, 2011 as the new onset date. As a result, the claimant will receive an additional seven months of SSD benefits.

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