As mentioned in the previous post entitled “Understanding the Sequential Evaluation Process,” at step one of the sequential evaluation the SSA inquires whether the individual applying for benefits is working. If the individual is currently working the SSA will examine how much the individual is earning per month. Typically if an individual’s monthly gross income in 2012 is greater than $1,010 (substantial gainful activity (SGA)) he or she will not be found disabled. The theory is, an individual cannot allege he or she is disabled from working and actually be engaged in substantial gainful activity, i.e. work activity producing $1,010 or greater in gross income per month. There are exceptions to this general rule however. One such exception is called an “unsuccessful work attempt.”
An Unsuccessful Work Attempt (UWA) is a policy the SSA has in place in order to disregard relatively brief work attempts that do not demonstrate sustained substantial gainful activity. In having this policy, the SSA allows individuals to test their ability to return to work without penalty if the work ceases due to the underlying impairment.
There are very specific criteria which must be considered in determining whether an UWA is appropriate.
First, there must be a “significant break in the continuity of a person’s work before he or she can be considered to have begun a work attempt that later proved unsuccessful.” (SSRs 84-25 and 05-02). Typically, this means there must be a break of at least 30 consecutive days.
Second, the work attempt must have lasted less than six months.
In considering work attempts lasting three months or less, the SSA will determine whether the work ended or was reduced blow the SGA level due to the underlying impairment or due to the removal of special conditions related to the impairment that are essential to the further performance of the work. (Id). If the job ended or was reduced to below SGA levels due to these reasons in three months or less, this activity can be considered an UWA.
In considering work attempts lasting between three and six months, the SSA will determine whether the work ended or was reduced due to the underlying impairment or due to the removal of special conditions related to the impairment that are essential to the further performance of the work, but additional factors are considered as well. In order for a work effort lasting between three and six months to be considered an UWA an individual must establish a) there were frequent absences due to the impairment; or b) the work performed was unsatisfactory due to the impairment; or c) the work was performed during a period of temporary remission of the impairment; or d) the work was done under special conditions. (Id).
If an individual engaged in SGA level work lasting more than six months, such activity cannot be considered a UWA regardless of why it ended or was reduced below the SGA level.
