When applying for Social Security Disability benefits, the disability onset date is crucial in determining when benefit payments begin. Sometimes workers will file a claim forDisability benefits with a disability onset date that precedes the last period of employment. If the individual can prove that the last period of employment was an unsuccessful work attempt (UWA), the disability onset date can be earlier than that last period of employment and the benefit amount for the claimant can be increased to include that time period.
Claiming an unsuccessful work attempt is not an easy task. The process can be confusing and complex. The burden of proof falls on the claimant, and there are specific rules that affect the claim being approved. Because of this, it is wise to seek the counsel of a qualifiedSocial Security Disability attorney like those at the Philadelphia law firm of Silver & Silver. Our experienced Social Security Disability attorneys have been representing disabled clients for over 35 years, helping them to claim maximum disability compensation. When you need to attach an unsuccessful work attempt claim to your disability application, our knowledgeable and skilled attorneys can help ensure that it is done properly and effectively.
Specific Rules and Limitations Apply to Unsuccessful Work Attempt Claims
There are several rules and limitations applied to filing a claim involving an unsuccessful work attempt. Failure to adhere to these rules will result in a denial of your claim, which can lead to a later disability onset date that affects the amount of your benefit.
The rules and limitations of an unsuccessful work attempt include:
- There must be at least a 30-day break in employment before your unsuccessful work attempt. If you have worked without a break in employment, your disability onset date will be set as the date of your last day of work, regardless of when your actual impairment first occurred.
- Your earnings fell below the SGA allotment of $1,040 for 2013 in the month preceding the unsuccessful work attempt claim.
- Your medical impairment forced you to stop working within the first 90 days of employment.
- Doctor’s restrictions prevented you from working.
- Your condition required irregular hours, specialized equipment, or frequent breaks that could not be provided by the employer.
- You required permission to work at a lower level of productivity than other workers.
- Your disability resulted in high absenteeism or unsatisfactory quality of work.
- Earnings at or above the SGA level of $1,040/month for six months or more do not qualify for an unsuccessful work attempt.
Philadelphia Social Security Disability Lawyers of Silver & Silver Can Help You with “Unsuccessful Work Attempt” Claims
If you or someone you know is attempting to file an unsuccessful work attempt claim forSocial Security Disability benefits, the Philadelphia-area law firm of Silver & Silver can help. We can ensure that your unsuccessful work attempt claim is filed properly and effectively. Call us today at 800-94SILVER for a free consultation or contact us online. We are located in Ardmore, Pennsylvania and serve clients throughout the Philadelphia, Pennsylvania, and Main Line area.