Social Security rules provide that in order to establish disability, a claimant must prove the inability to perform substantial gainful activity (i.e., work for profit) due to a medically determinable impairment that has lasted or is expected to last at least twelve continuous months or end in death.

But what if a disabled person attempts to work and that work attempt ultimately fails? Should the time during which the person attempted to work count against them in their disability claim?

The answer is it depends.

Under social security rules, work that lasts 6 months or less will generally not be counted against you if, after a period of working for 6 months or less, your impairment forced you to stop working.

In other words, work lasting 6 months or less that was halted because of your disability will be considered an unsuccessful work attempt.

However, social security will not consider a work attempt that lasts longer than 6 months to be an unsuccessful work attempt regardless of why it ended or was reduced below the substantial gainful activity earnings level.

See C.F.R. §404.1574(c).

Be sure to consult with a social security disability attorney to find out how the unsuccessful work attempt rules apply to your individual situation.

This material should not be construed as legal advice for any particular fact situation but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.