Atlanta Social Security Disability Attorney

Ginsberg Law Offices, P.C. - 770-393-4985

What Should I Do with my Disability Claim if I Try to Go Back to Work?

unsuccessful work attemptBecause Social Security disability cases can take up to two years from filing date to hearing date, you may decide to try to go back to work.   In this post I will explain what you need to know about post disability filing work attempts and how these work attempts impact the onset date for your disability claim.

Return to Work Full Time After Filing

If you are able to return to work full time after filing, your disability case will effectively be over.  Since Social Security defines disability in terms of your capacity to work, you cannot be found disabled if you are working.   There are a couple of exceptions to this rule:

  • if you missed more than 12 consecutive months of work before you returned to work you can pursue a closed period of disability.  1 If you win your closed period case you can recover a lump sum but not on-going benefits.
  • simply returning to work full time does not automatically disqualify you.  Generally you must last at least 3 months at your job before that work effort will be considered successful.  Therefore, do not dismiss your case until you are fairly certain that you will be able to work ongoing

I would not dismiss your claim without first talking to your lawyer.

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  1. View my video about closed periods here. ↩

Work Attempts Before and After a Finding of Disability


An issue that arises more and more in my disability practice relates to work attempts by claimants.  Generally, I advise my clients that unsuccessful work attempts prior to their hearings can be valuable and convincing evidence.  Judges appreciate claimants who are trying to remain working and her are willing to try to work through pain and discomfort.

Recently, for example, I tried a case on behalf of a 53 year old woman with chronic back pain who had attempted to try to work at jobs that were less and less physically demanding until she finally had to stop when episodes of severe pain would leave her bedridden for days at a time.  Click on the link above to read the case study.

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10.0Jonathan C. Ginsberg Jonathan C. GinsbergReviewsout of 93 reviews
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