I have a question about unsuccessful work attempts. If I person was out of work for over a year, attempted to return to work at below SGA level for a three months, and then lost that job due to their impairment, immediately found another part-time job making less than SGA for 4 or 5 months and then tried to increase hours, at the same employer making above SGA, for one month before not being able to handle the workload and dropping down below SGA again the next month, would that count as an UWA? Would the person need to prove that their impairment was the cause, or is their allegation enough? Thanks!

Hi. Earnings that are below substantial gainful activity (SGA) don't adversely affect a person's Social Security disability benefits, so they can't be classified as an unsuccessful work attempt (UWA). A period of above SGA level earnings can be classified as a UWA if a) the period of SGA follows a period of 30 or more days of no work or work that was below SGA level, b) the period of SGA level work lasts less than 6 months, and c) the SGA level work ends because of the person's disabling impairment (https://secure.ssa.gov/apps10/poms.nsf/lnx/0411010145).

The period of above SGA level earnings described in your question appears to meet all 3 of the conditions required for a UWA, so it sounds like it would count as a UWA. Social Security generally accepts a person's allegation as to why their SGA level work ended without requiring additional documentation.

Best, Jerry