What Happens If You Return to Work and It Does Not Last
If you return to work and cannot keep going because of your disability, the unsuccessful work attempt rule can protect your benefits. Social Security recognizes that trying to work and failing should not automatically cost you support.
What an Unsuccessful Work Attempt Is
An unsuccessful work attempt is a period of work that you stopped or reduced below the substantial gainful activity level within a limited time because of your impairment or the removal of special conditions that helped you work. When the rule applies, that work may not count against your eligibility.
Why the Rule Exists
The rule encourages people to attempt work without fear that a short, failed effort will end their benefits. It supports the same goal as other work incentives like the trial work period: letting you test your ability to work safely.
When It May Apply
Factors the SSA considers include:
- How long the work lasted before it stopped or dropped.
- Whether your condition caused you to stop.
- Whether special help or accommodations were removed.
- Whether there was a significant break before the attempt.
How to Protect Yourself
If a work attempt does not last, document why it ended, especially if your condition was the cause. Reporting the work and its end to the SSA, as covered in how to report work and wages, helps the agency apply the rule correctly.
The Bottom Line
The unsuccessful work attempt rule means a short, failed return to work need not cost you benefits. Document why the attempt ended and report it. This article is general information and not legal advice. Confirm how the rule applies to you with the SSA.
Frequently Asked Questions
How long can an unsuccessful work attempt last?
The rule applies to limited periods of work that end because of your impairment. The SSA evaluates the length and reason to decide whether the work counts.
Does this rule apply to both SSDI and SSI?
The concept is part of how the SSA evaluates work and substantial gainful activity, which is central to SSDI eligibility. Ask the SSA how it applies to your situation.
Sources
- Social Security Administration, Substantial Gainful Activity, SSA.gov
- SSA Program Operations Manual System, Unsuccessful Work Attempt, SSA.gov
- SSA, Working While Disabled, SSA.gov