A worker whose disability interrupts a return to employment faces a particular question: does a few months on the job demonstrate an ability to keep working? On October 17, 2016, the Social Security Administration published final rules removing additional conditions for unsuccessful work attempts lasting between three and six months. The change concerns how work is evaluated, not a guarantee of benefits. [2016-24873]
The May 11 proposal explains the burden being removed. Longer attempts previously needed an additional finding, such as frequent impairment-related absences or unsatisfactory performance caused by the impairment. SSA said developing that evidence could require contacting employers and physicians. The final rule adopts the shorter-attempt standard for attempts of six months or less; anticipated simpler processing is not a measured result. [2016-24873][2016-10932]
Important boundaries remain. Work must stop, or fall below the substantial gainful activity level, because of the impairment or removal of special conditions that made work possible. The agency also describes a significant break before the attempt. It expressly says the disability definition has not changed. A short job ending for an unrelated reason is not automatically an unsuccessful work attempt. [2016-24873]
The general changes take effect November 16, 2016. Separate expedited-reinstatement eligibility amendments wait until April 17, 2017. Our public-interest reading is that removing extra documentation can reduce a procedural burden without settling an individual claim. The proposal and final rule document one SSA policy process, not independent evidence that workers received decisions faster. [2016-24873][2016-10932]
Source documents
- Unsuccessful Work Attempts and Expedited Reinstatement Eligibilityhttps://www.govinfo.gov/content/pkg/FR-2016-10-17/html/2016-24873.htm
- Unsuccessful Work Attempts and Expedited Reinstatement Eligibilityhttps://www.govinfo.gov/content/pkg/FR-2016-05-11/html/2016-10932.htm