I was disabled for 11 months and tried to return to work but after 4 days was disabled again, will this affect SSDI claim?
4 attorney answers
You might want to take a look at 20 CFR 404.1574(c): it provides that work performed for short durations of 3-6 months, ceased because of medical reasons, does not count against the required 12-month initial period of disability. The 4-day "unsuccessful work attempt" should not adversely affect the claim.
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It will not prohibit you from filing a claim or receiving benfits. Due to the short duration of the work it will be considered an unscussessful work attempt as described below.
It will probably be considered an unsuccessful attempt to return to work.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
4 days of work is not likely to adversely affect a Social Security Disability claim. You are talking about an "unsuccessful work attempt".
The first step in evaluating a disability claim is determining whether a claimant is performing "substantial gainful activity" or SGA.
The Unsuccessful Work Attempt: According to Social Security's regulations, work you have done will not ordinarily show that you are capable of performing substantial gainful activity if, after working for a period of 6 months or less, your impairment forced you to stop working or to reduce significantly the amount of work you do.
Work That is Less Than Three (3) Months: Social Security will consider work of three months or less to be an "unsuccessful work attempt" if you stopped working, or you reduced your work and earnings below the substantial gainful activity earnings level, because of a disabling impairment or because of the removal of special conditions which took into account your impairment and permitted you to work.
If work is deemed an "unsuccessful work attempt" then such work will not be counted against the claimant in a Social Security disability claim.
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