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 (or expect to have) a 12-month period of disability to qualify for Social Security disability (or have a condition which is expected to result in death). 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. The criteria for an unsuccessful work attempt (UWA) are found in 20 C.F.R. 404.1574(c). For reference, see also Social Security Ruling  84-25.

An example might help. Consider a case with an alleged onset date of 11/20/2022. However, from 6/01/2023 – 9/30/2023 this claimant returned to work, and earned wages above the level of SGA for 4 months. But the work became too much due to the claimant’s symptoms, and they had to stop. They subsequently filed a claim for Social Security disability benefits.

So there it is: 4 months of work above the level of SGA, smack in the middle of the 12-month disability period. As a result, there is not a 12 month period of disability, as required. If there were not an exception for an unsuccessful work attempt, the claim would either have to be denied at Step 1 of the sequential evaluation process, or a new onset date of 10/01/2023 (after the 4 months of SGA work) would be needed.

However, with the UWA, the 4 months of work is excused. The disability period runs from the original onset date of 11/20/2022. This results in an additional ten months of retroactive benefits for the claimant.