Ayers, Whitlow & Dressler

The Personal Injury, Worker’s Compensation and Social Security Disability Group of Sellers, Ayers, Dortch and Lyons.

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Unsuccessful Work Attempt

According to the unsuccessful work attempt rule, employment activity does not demonstrate an ability to engage in substantial gainful activity if, after working no more than six months, an individual either stops work or reduces it below substantial gainful activity level for reasons related to his/her mental and physical impairments. This applies to both employees and self-employed individuals. To be recognized an unsuccessful work attempt must follow a significant break in continuity of work; however, this break does not have to be due to the effects of a medical impairment.

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