Fantastic reply to an earlier question I asked regarding my 54 yo sister-in-law who is applying for SSDI/DCA as a result of her IDD condition. The links you provided were very helpful. Thank you. Thank you. Thank you!!!
Just one follow-up question. I do believe I have sufficient evidence to make a very strong argument that the only reason my sister-in-law's work could have met the SGA standard for success for the few years that it did, was through special conditions. NOTE: we are talking 25-30 years ago where her highest year of earnings was in 1986 when she earned $8784 dollars for the year. Some of the evidence I have includes a full-scale psychological evaluation where the Dr. reasoned that her disability was such that he found my sister-in-law "Permanently Unemployable." The problem is that she was always part time and although I seemingly can prove that the employer at the time did put a lower employment standard in place in an attempt to help my sister-in-law stay on the payroll, her work lasted more than three years. Although her hours were cut in a further attempt to help her, the standards eventually could not be lowered enough to keep her, thus she was fired.
That brings me to the follow-up question...in the few years that her employment met or exceeded the SGA, it was always part time, but it lasted beyond the six months. So does that automatically/unequivocally disqualify her?
No, the fact that your sister-in-law's employment lasted longer than 6 months doesn't automatically disqualify her, but it likely rules out the possibility that her substantial gainful activity (SGA) could be disregarded as an unsuccessful work attempt (UWA). However, a UWA is only one of the possible ways that earnings above SGA level can be disregarded. If it can be established that your sister-in-law's work was not actually worth more than the applicable SGA level due to special circumstances involved with her employment, then it wouldn't be necessary to also meet the UWA criteria.