I recently helped a client over the age of 55 with their initial application for Social Security disability benefits. I get involved early in these cases because the claimant’s past relevant work is often the most important aspect of the claim, and I want to ensure that both the application and the Work History Report are completed accurately.
When I first spoke to the client, they said they had been out of work for about 5 months, since September of 2024. Upon further inquiry, it turned out that the client’s last long-term job ended the year before, in September of 2023. Since then, they tried to work for three different employers, with 30+ day gaps in between each job. Those jobs only lasted 2-3 months due to the client’s physical impairments. Looking at the dates of employment and the reason for departing each job, it became clear that these three jobs were unsuccessful work attempts. Unsuccessful work attempts are by definition not SGA (substantial gainful activity), and therefore do not interrupt the disability period. See 20 CFR 404. 1574(c).
As a result of this analysis, when we filed the application for disability benefits, we correctly alleged an onset date of September 2023, when the long-term work ended, disregarding the subsequent unsuccessful work attempts. This resulted in an award of 12 months of additional disability benefits for the client.