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Can My Last Five Months Of Work Be Considered As A UWA?

I worked for 14 months the first 11 months I was given subsidies extra help after 11 months the subsidies got removed I attempted to keep working without the subsidies but I failed to do the job without assistance/subsidies do to my disabilities forcing me to end the job assignment after 5 months of no subsidies, the question i have is even though the job assignment was 14 months long can I count the last 5 months of the work assignment as a UWA since it was different from the first 11 months since the last 5 months was without any subsidies unlike the first 11 months making the last 5 months of work a much different job assignment. How is a UWA from 2005 get dealt with by SSA when the UWA SSA policy was rescinded meaning it never existed they can't make up a policy that wasn't in place at the time, they can't make a ruling not in my favor simply because a policy got rescinded they can't impose a bad rescinded policy. What can I do if my employer granted me more subsidies than what SSA will honor in my case for DAC benefits when I got my employer as a witness

Hi. It doesn't sound like it. In order for a period of work to be classified as an unsuccessful work attempt (UWA), it must be preceded by a significant break in a person's work. For a break to be considered as significant for UWA purposes, the worker must either be out of work for at least 30 consecutive days, or they were forced to change to another type of work or another employer because of their impairment (https://secure.ssa.gov/apps10/poms.nsf/lnx/0411010145).

That said, if you believe that you changed to another type of work you can make your argument with Social Security, and if you disagree with their eventual determination you can file an appeal.

I don't know what you're referring to with regard to your comments about a UWA policy being rescinded. I'm not aware of any substantial Social Security policy changes with regard to UWAs.

Best, Jerry

Posted: 
Sep 18 2022 - 11:35am
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