Tennessee Social Security Disability
Morristown, Tennessee Social Security Lawyers
Federal Social Security disability benefits pay money to people who are unable to work permanently or for more than one year. These benefits are distributed under two separate benefit programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Because these programs aim to get people back to work, there are various exceptions that may allow you to keep your Social Security disability benefits even if you return to work. The most common of these is an unsuccessful work attempt (UWA).
Understanding the language involved in Social Security claims can be difficult. Whether your case falls under SSDI or SSI, the Social Security attorneys at Terry, Terry & Stapleton can help you navigate the disability process. We represent clients throughout Tennessee, including Rogersville, Newport, Morristown, Knoxville, Kingsport, Johnson City, Jefferson City and Greeneville. Call us today at 877-489-5411 for help with your disability case.
An unsuccessful work attempt exception applies for both SSDI and SSI. If you earn money for a short time and ultimately cannot continue because of a physical or mental impairment, you may still be entitled to disability benefits during this time period. If you work for six months or less at a substantial gainful activity (SGA) level, your work may qualify as an unsuccessful work attempt and not affect your application for benefits.
Generally, unsuccessful work attempts can be excused if the work did not last more than three months. If you return to work for more than three months, but less than six months, you must show that:
- You were frequently absent from work because of the impairment;
- Your work was unsatisfactory because of the impairment;
- You worked during a period of temporary remission of the impairment; or
- You worked under special conditions that were essential to your performance and these conditions were removed.
Working for over six months at SGA levels will prevent you from establishing that you were disabled and entitled to benefits during that time period. However, if your earnings drop below SGA levels before the end of the six month period, the work can still be considered an unsuccessful work attempt.
In order to prove that your work was an unsuccessful work attempt and should not count, you need to show a significant break between your prior work and the unsuccessful work attempt. According to the Social Security Administration, a “significant break” means that:
- You were out of work for at least 30 consecutive days; or
- You were forced to change to another type of work or another employer.
On rare occasions a break lasting a few days less than 30 may satisfy this requirement if your subsequent work episode was brief and clearly not successful because of your impairment.
As long as you meet the requirements of a significant break between unsuccessful work attempts, you can have more than one such attempt. Unsuccessful work attempts can be used to excuse work which is a substantial gainful activity when you are trying to get benefits or during a Social Security review if you have already won your case. However, they cannot be used during the extended period of eligibility following a trial work period.
If you have questions about unsuccessful work attempts specifically or Social Security generally, you should seek legal counsel. The Tennessee law firm of Terry, Terry & Stapleton is ready and able to assist you. From our offices in Morristown, we offer our sincere dedication to helping people receive the benefits to which they are entitled.
Please contact one of our Tennessee Social Security Disability attorneys toll free at 877-489-5411or via our online form to discuss your claim.
