Key Takeaways:
- Social Security may treat work lasting six months or less as an unsuccessful work attempt.
- A qualifying unsuccessful work attempt generally does not show Social Security that you can sustain substantial gainful activity.
- A significant break generally means at least 30 consecutive days out of work, although a forced change to another job or employer because of the impairment can also qualify.
- October is National Disability Employment Awareness Month, a fitting time to understand this safety net before testing a return to work.
October is National Disability Employment Awareness Month, a reminder that disability and employment are not always mutually exclusive. If you're working with a Massachusetts disability lawyer, one question may come up quickly: if I try going back to work while my SSDI application is pending, will that ruin my case?
For many applicants, the answer is no. Social Security recognizes that a person may make a genuine effort to return to work only to discover that a medical condition still prevents sustained employment, and its unsuccessful work attempt rule can keep that short-lived effort from automatically counting against the disability claim.
Table of Contents
What Is an Unsuccessful Work Attempt?
Social Security's regulations recognize that people sometimes try to return to work before they're actually able to sustain it.
Under 20 CFR 404.1574(c), if you work for six months or less and your impairment causes you to stop or to reduce your work below the substantial gainful activity level, or special conditions that allowed you to work are removed, Social Security may treat that period as an unsuccessful work attempt rather than evidence that you can sustain substantial gainful activity.
The rule applies when SSA evaluates an initial disability application and throughout any appeal. It can also apply after entitlement in certain circumstances, subject to separate work-incentive rules such as the trial work period.
How Long Can the Attempt Last?
Social Security limits an unsuccessful work attempt to work lasting six months or less. Since 2016, the same basic standard applies whether the attempt lasts a few weeks or several months, so there is no longer a separate, stricter test for attempts lasting between three and six months.
Work Lasting Six Months or Less
A work attempt can qualify if it lasts no more than six months and ends, or drops below the substantial gainful activity level, because of your impairment or because special conditions that allowed you to keep working were removed. Social Security also generally looks for a significant break in your work before the attempt began.
The key question is not simply how long you worked, but why the work stopped or became unsustainable. If your medical condition forced you to leave the job, reduce your hours, or cut your earnings below SGA, Social Security may treat the period as an unsuccessful work attempt rather than evidence that you can sustain substantial gainful activity.
What Happens After Six Months?
Once work at the substantial gainful activity level continues for more than six months, it cannot be treated as an unsuccessful work attempt under this rule, regardless of why the work later ends. At that point, Social Security will evaluate the work under its other disability and work-activity rules.
What Counts as a "Significant Break" Beforehand
Before Social Security can treat later work as an unsuccessful work attempt, there must generally be a significant break in the continuity of your work first. Social Security generally considers prior work discontinued when you are out of work for at least 30 consecutive days or, because of your impairment, you are forced to change to a different type of work or another employer.
Without a qualifying break in the continuity of your work, Social Security generally will not treat the later period as a separate unsuccessful work attempt.
Substantial Gainful Activity and Why It Matters
The earnings limit at the center of this rule is called substantial gainful activity, and it adjusts every year. Social Security publishes the current figures directly, so it's important to understand the applicable SGA amount when evaluating how a return to work could affect your claim.
Earning above that level isn't automatically disqualifying if it fits the unsuccessful work attempt criteria. However, sustained work at the SGA level can affect whether Social Security considers you disabled and, if you are currently performing SGA, can result in a denial at the first step of the five-step disability determination process.
What to Do If You're Considering a Return to Work
Keep records from the start, including:
- Pay stubs
- Records of reduced duties, extra breaks, special scheduling, or other accommodations that helped you keep working
- A written explanation of why the job ended or your hours dropped
- Any notes from a doctor connecting the change to your condition
Make sure Social Security knows about the work activity rather than waiting until a hearing to disclose it. This applies equally if you're engaging in self-employment or part-time work.
What matters is documenting why your medical condition prevented the work from being sustained.
A Useful Rule to Know During National Disability Employment Awareness Month
Each October, National Disability Employment Awareness Month recognizes the contributions people with disabilities make in the workforce and the importance of expanding employment opportunities. Social Security's unsuccessful work attempt rule addresses the related reality that trying to work does not always mean being able to sustain it.
If you're weighing whether now is the right time to test your ability to work, our guide on deciding when to stop working and apply for SSDI walks through the related factors worth considering first.
