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.
While judges do see unsuccessful work attempts as evidence of honesty and credibility, the significance of work attempts change when the job last more than three or four months. Generally a job effort that lasts three months or less is considered “unsuccessful.” Beyond three months and judges begin to change their thinking – many judge feel that a job of more than four months duration represents a return to work, and proof that a claimant does have the capacity to perform on-going work.
As noted in this video, the judge saw my client’s work attempt of 6+ months as a return to full duty work and he would not consider her claim for on-going disability.
The impact of work attempts after a finding of disability is completely different. Once you have been found disabled, SSA wants to make it easy for you to try to return to work and you can work up to 9 months (called the “trial work period”) and still collect full benefits.
It does seem odd that prior to a finding of disability you could be punished for a work attempt lasting more than 3 months, while after a finding of disability, you can try to work for up to 9 months without penalty.
