Unsuccessful Work Attempts  

Boise Social security attorney firm for all of IdahoAn unsuccessful work attempt occurs when you work for a short period and the employment is terminated because you are unable to consistently perform the job functions due to your disability.  The details are important. Consulting a Social Security Attorney and discussing the particulars of your work attempts is very important, especially regarding how your work attempt may affect your onset date. This and other issues can be explained by an attorney during the consultation.  To speak with an Attorney call 466-2972 or 344-3044.

One of the most important factors that will be considered is the duration of your work attempts. SSA groups work attempts into three categories based on the length of time you were employed. The first is jobs that lasted less than three months, the second is jobs that lasted between three to six months, and the third is jobs that lasted longer than six months.

SSA also considers the length of time between the last time you worked and your last unsuccessful work attempt – there must be at least 30 days between the two dates.  If there is not a 30 day separation, Social Security will likely count the two attempts as one for purposes of determining the length of the attempt.

Any job that lasts less than three months is considered an unsuccessful work attempt if your disability results in a reduction of hours where you no longer make $1,000 a month or if the special accommodations that were available to you are taken away.  There is no need to provide evidence of why you were dismissed, just let Social Security know the reason for your employment ending was directly or indirectly related to your disability.

For the period between three and six months, in addition to meeting the conditions for employment ending in less than three months, at least one of the following conditions must be present to be counted as an unsuccessful work attempt:

  1. Frequent absences were caused by your disability
  2. Your failure to adequately perform your job was related to your disability
  3. A temporary remission of your disability was the reason you were able to perform the job
  4. The work was performed under special conditions

These special conditions are specifically defined as one of the following.

  1. The work was performed with the help of other employees
  2. The work was performed on an irregular schedule or had frequent rest periods
  3. The tasks were performed using special equipment or equipment that was specifically designed for the person’s disability
  4. The productivity level was acceptable to the employer even though it may have been below the generally standard level of productivity or efficiency
  5. The person was employed because of the kindness or charity of the employer

If you were employed longer than three months, impartial evidence that supports your claim of an unsuccessful work attempt needs to be made available. This evidence can be a letter from a supervisor or boss that details the information about the reasons for your loss of employment. If you are employed for longer than 6 months, you will likely be found not-disabled during this period and will only be considered disabled as of a date after your employment ended.  For further information, contact a local Social Security Attorney.