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The Unsuccessful Work Attempt

By Gordon Gates on July 16, 2008
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If you have worked at the SGA level at any time since the alleged onset date of your Social Security disability claim, it can be problematic for your claim. You must have a 12 month period of disability (or a condition which is expected to result in death) to qualify for Social Security disability. That means means 12 months or longer with no work at the SGA level.

However, if your work after onset lasted for six months or less and ended due to your impairments, then it may qualify as an unsuccessful work attempt, and not be held against you. A work effort under three months is easier to explain away. The criteria for an unsuccessful work attempt (UWA) are found in 20 C.F.R. 404.1574(c) and Social Security Ruling 05-02.

Photo of Gordon Gates Gordon Gates

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

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  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
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