Working Does Not Preclude Benefits

Friday, November 23rd, 2007

The Social Security Administration (“SSA”) wants to encourage people to work. Depending on the circumstances, the SSA may allow a person to collect Social Security Disability (“SSD”) benefits during a time period in which they worked. One such circumstance is called an “unsuccessful work attempt (“UWA”)”.

I received an approval in a case today involving an UWA. The SSA originally concluded that the onset of a claimant’s disability was April 26, 2000, which is when she stopped working at a department store. Because the claimant had to prove that she became disabled before December 31, 1999, the SSA denied SSD benefits.

I took over the case when the claimant had to go to federal court. I pointed out that the claimant was injured at work in February 1997, and had not worked since the accident except for March and April 2000 at the department store. I argued that because the department store work lasted less than three months, it was an UWA, and denial of SSD benefits was wrong. The federal court agreed and remanded the case to the SSA for a new hearing.

At the second hearing, the SSA determined that the work at the department store constituted an UWA. Therefore, the SSA concluded that the claimant’s onset date was February 1997, not April 26, 2000. Because the claimant established that her disability began prior to December 31, 1999, the SSA found that she was entitled to retroactive SSD benefits, including benefits for March and April 2000.

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