October 5 – When Social Security can apply UWA to Substantial Gainful Activity decisions
Question: I am working with a Social Security Disability Insurance (SSDI) beneficiary who had a full-time job over the last 3 months. She quit because her Lupus symptoms became unmanageable. Her 36-month Extended Period of Eligibility (EPE) ended two years ago. As a result, this work activity could cause her SSDI to terminate. Is it possible that Social Security could use the Unsuccessful Work Attempt (UWA) policy in her situation?
Answer: It depends. Social Security personnel apply the UWA policy when they evaluate an individual’s work during initial disability determinations and during work Continuing Disability Reviews (CDR). Social Security can always use Impairment Related Work Expenses or Subsidy to decide if work activity is SGA, but UWA applies only at certain times. After cessation, Social Security can no longer apply income averaging or UWA when deciding if the next period of work is SGA.
In this example, Social Security could use UWA only if this beneficiary’s work has not had a prior cessation during this period of entitlement. If she has not performed SGA prior to this job, then UWA is a possibility if the work meets the UWA requirements.
Would you like to find out more about WIPA and your benefits? Contact your statewide WIPA Program-Project 20/20 if you have questions like our Daily Tips or want to learn more about working while receiving social security disability benefits. Call our North Augusta office at 803-279-9611 or the Ticket to Work Helpline at 1-866-968-7842. You can also complete a Contact Us or Self-referral Form.