One of the factors that helps builds the credibility of a social security disability claim is what I known as an unsuccessful work attempt. The SSA views an unsuccessful work attempt as a legitimate “excuse” as to why you were able to work within the onset date mentioned in your social security disability claim.
What are the factors that help establish an unsuccessful work attempt?
Stopped Working for a Period of Time
You must have been forced to stop working for at least a 30-day window prior to your next attempt at employment. Similarly, the reason why you left your initial job must be related to your condition.
Period of Employment
How long you were at that job is another important factor. The SSA often looks at employment periods of less than three months as proof that your condition or the special conditions your treating placed on you is the cause of the short employment.
If you were employed between three and six months, you must show proof that your employer removed the “special work conditions” set by your doctor AND any of the following:
- Frequent absences due to the effects of your condition
- Your work was deemed “unsatisfactory” by your employer
- Proof that the period of employment coincided with a remission of your condition
Take note that employment periods lasting over six months are automatically ineligible as an unsuccessful work attempt designation.
Determining Unsuccessful Work Attempts
Gathering all the evidence, from documents to expert witnesses, you need to help prove an unsuccessful work attempt is a must. In such cases, it may be advantageous to work with a respected law firm such as Goldin Law Firm. An experienced disability benefits lawyer can help you gather the necessary information that proves a legitimate unsuccessful work attempt and build a strong case for your claim.
Source:
Your Credibility and Disability: How Inconsistent Statements and Medical Treatment Hurt Your Claim, disabilitysecrets.com