SSR 05-2: Rescinded

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Rescinded May 14, 2018 Federal Register, Vol. 83, No. 93,

page 23208

Effective/Publication Date: 02/28/2005

POLICY INTERPRETATION RULING

PURPOSE:

To clarify the policy stated in Social Security Ruling (SSR) 84-25 for determining whether

substantial work activity that is discontinued or reduced below a

specified level may be considered an unsuccessful work attempt (UWA) under

the disability provisions of the law.

CITATIONS (AUTHORITY):

Sections 216(i) , 223(d) , and 1614(a) of the Social

Security Act, as amended; Regulations No. 4, subpart P, sections 404.1571 - 404.1576 ;

Regulations No. 16, subpart I, sections 416.971 - 416.976 .

PERTINENT HISTORY:

Under the disability provisions of the law, except within the trial work

period (TWP) provisions and section 1619 of the Social Security

Act, if you are engaging in substantial gainful activity (SGA) you are not

eligible for payment of disability benefits. (See Social Security Ruling (SSR) 83-33 , Program Policy Statement

(PPS)-107, Determining Whether Work Is Substantial Gainful

Activity—Employees, regarding evaluation of work activity of

employees. See SSR 83-34 , PPS-108,

Determining Whether Work Is Substantial Gainful

Activity—Self-Employed Persons, regarding evaluation of work

activity of self-employed persons.) The UWA concept was designed to

provide us an equitable means, in making SGA determinations, to disregard

relatively brief work attempts that do not demonstrate sustained SGA. We

will not consider work we determine to be an UWA as substantial gainful

activity when we determine if you are under a disability or when we

determine if your disability has ceased.

ity of self-employed persons.) The UWA concept was designed to

provide us an equitable means, in making SGA determinations, to disregard

relatively brief work attempts that do not demonstrate sustained SGA. We

will not consider work we determine to be an UWA as substantial gainful

activity when we determine if you are under a disability or when we

determine if your disability has ceased.

The UWA concept is contained in our regulations. If you are an employee,

sections 404.1574(a)(1) and 416.974(a)(1) of the

regulations state: “We generally consider work that you are forced

to stop or to reduce below the substantial gainful activity level after a

short time because of your impairment to be an unsuccessful work attempt.

Your earnings from an unsuccessful work attempt will not show that you are

able to do substantial gainful activity.” See also 404.1574(c) and 416.974(c) . If you are

self-employed, sections 404.1575(a) and 416.975(a) state:

“We will generally consider work that you were forced to stop or

reduce to below substantial gainful activity after 6 months or less

because of your impairment as an unsuccessful work attempt.” See

also 404.1575(d) and 416.975(d) .

SSR 84-25 indicated that the UWA concept

is applicable to both your initial disability case and when we determine

whether, because of work activity, your disability continues or ceases.

Both SSR 84-25 and the regulations state

that there must be a significant break in the continuity of your work

before we will consider you to have begun a work attempt that later proved

unsuccessful. However, SSR 84-25 and the

regulations do not address how the UWA significant break concept should be

applied in your initial disability case when your prior work activity

stopped before onset of your impairment or where you had no prior work

activity

ignificant break in the continuity of your work

before we will consider you to have begun a work attempt that later proved

unsuccessful. However, SSR 84-25 and the

regulations do not address how the UWA significant break concept should be

applied in your initial disability case when your prior work activity

stopped before onset of your impairment or where you had no prior work

activity. This revised Ruling addresses these issues under the section

“Event That Must Precede a UWA” and removes outdated material

from the “PERTINENT HISTORY” section of SSR 84-25 .

Policy Statement: For SGA determination purposes, your substantial

work may, under certain conditions, be disregarded if it is discontinued

or reduced to the non-SGA level after a short time because of your

impairment, or the removal of special conditions related to your

impairment that were essential to your further performance of the work.

The UWA criteria differ depending on whether your work effort was for

“3 months or less” or for “between 3 and 6

months.” If your work attempt was “unsuccessful,” we

will not be precluded from finding that you are under a disability during

the time that you performed that work.

When the UWA is Applicable: The UWA policy explained in this SSR is

to be used in initial disability cases. It is also to be used in

continuing disability cases in determining whether, because of work

activity, your disability continues or ceases. However, the UWA criteria

do not apply in determining whether payments should be made to you for a

particular month during the reentitlement period after disability has been

ceased because you did SGA, or during the initial reinstatement period

after you have been reinstated through the expedited reinstatement

provision.

r, because of work

activity, your disability continues or ceases. However, the UWA criteria

do not apply in determining whether payments should be made to you for a

particular month during the reentitlement period after disability has been

ceased because you did SGA, or during the initial reinstatement period

after you have been reinstated through the expedited reinstatement

provision.

Event That Must Precede a UWA: There must be a significant break in

the continuity of your work before you can be considered to have begun a

work attempt that later proved unsuccessful. Such an interruption would

occur when, because of your impairment or the removal of special

conditions related to your impairment that are essential to your further

performance of the work, the work was discontinued or reduced (or limited)

to the non-SGA level. Such an interruption could also occur when, before

the onset of your impairment, you discontinued (or limited) your work for

other reasons, such as retirement, or never engaged in work activity. We

will consider your work to be “discontinued” if you (1) were

out of work for at least 30 consecutive days or (2) were forced to change

to another type of work or another employer. (On rare occasions a break

lasting a few days less than 30 may satisfy this requirement if your

subsequent work episode was brief and clearly not successful because of

your impairment.)

d in work activity. We

will consider your work to be “discontinued” if you (1) were

out of work for at least 30 consecutive days or (2) were forced to change

to another type of work or another employer. (On rare occasions a break

lasting a few days less than 30 may satisfy this requirement if your

subsequent work episode was brief and clearly not successful because of

your impairment.)

Event That Must Follow a UWA: After the first significant break in

continuity of your work, your next period of work is regarded as

continuous until another significant break occurs; that is, until your

impairment, or the removal of special conditions related to your

impairment that are essential to your further performance of work, causes

your work to be “discontinued”, as defined above, or to be

reduced to the non-SGA level. Each continuous period, separated by

significant breaks as described, may be a UWA so long as criteria as to

duration and conditions of work are met, as set out below.

Duration and Conditions of Work

- Work Effort of 3 Months or Less: Your work must have ended or have been

reduced to the non-SGA level within 3 months due to your impairment or to

the removal of special conditions related to your impairment that are

essential to your further performance of work. (Examples of “special

conditions” are given below.)

- Work Effort of Between 3 and 6 Months: If your work lasted more than 3

months, it must have ended or have been reduced to the non-SGA level

within 6 months due to your impairment or to the removal of special

conditions (see below) related to your impairment that are essential to

your further performance of work and: You must have had frequent absences from your work due to your impairment;

or Your work must have been unsatisfactory due to your impairment; or Your work must have been done during a period of temporary remission of

your impairment; or Your work must have been done under special conditions

ons (see below) related to your impairment that are essential to

your further performance of work and: You must have had frequent absences from your work due to your impairment;

or Your work must have been unsatisfactory due to your impairment; or Your work must have been done during a period of temporary remission of

your impairment; or Your work must have been done under special conditions. (To illustrate how UWA time periods are figured, work from November 5,

2003, through a date no later than February 4, 2004, is for “3

months or less.” Work from November 5, 2003, through at least

February 5, 2004, but through a date no later than May 4, 2004, is for

“between 3 and 6 months.”)

- Work Effort of Over 6 Months: Your SGA-level work lasting more than 6

months cannot be an UWA regardless of why it ended or was reduced to the

non-SGA level.

- Performance of Work Under Special Conditions: One situation under which

your SGA-level work may have ended, or may have been reduced to the

non-SGA level, as set out above, is “the removal of special

conditions related to your impairment that are essential to your further

performance of work.” That is, you may have worked under conditions

especially arranged to accommodate your impairment or you may have worked

through an unusual job opportunity, such as in a sheltered workshop.

Special or unusual conditions may be evidenced in many ways. For example,

you: May have required and received special assistance from other employees in

performing the job; or Were allowed to work irregular hours or take frequent rest periods; or Were provided special equipment or were assigned work especially suited to

your impairment; or Were able to work only within a framework of especially arranged

circumstances, such as where other persons helped you prepare for or get

to and from work; or Were permitted to perform at a lower standard of productivity or

efficiency than other employees; or Were granted the opportunity to work, despite your medical condi

ment or were assigned work especially suited to

your impairment; or Were able to work only within a framework of especially arranged

circumstances, such as where other persons helped you prepare for or get

to and from work; or Were permitted to perform at a lower standard of productivity or

efficiency than other employees; or Were granted the opportunity to work, despite your medical condition,

because of family relationship, past association with the firm, or other

altruistic reason.

- Development of Reasons for Work Discontinuance or Reduction: When we

consider why your work effort ended or was reduced to the non-SGA level,

we do not rely solely on information from you. Therefore, if we do not

already have impartial supporting evidence, we will seek confirmation from

your employer. If the information from your employer is inconclusive or is

not available, we may seek confirmation of the reason you discontinued or

reduced your work with a physician or other medical source. After being

apprised of the circumstances, the physician or other medical source could

state whether, in his or her opinion or according to the records, your

work discontinuance or reduction was due to your impairment. Answers to questions such as the following will help to verify the nature

and duration of your work and the reason it ended or was reduced: When and why was the SGA-level work interrupted, reduced or stopped? If special working conditions (as described in the preceding section) were

removed, what were those conditions or concessions? When, how and why were

they changed? Were there frequent absences from work? Were days and hours of work

irregular and, if so, why? Was job performance unsatisfactory because of the impairment? Did the employer reduce your duties, responsibilities or earnings because

of your impairment? When your work effort ended, was the continuity of employment broken? Did

the employer grant sick leave or hold the position open for your

return? If you were self-employe

rom work? Were days and hours of work

irregular and, if so, why? Was job performance unsatisfactory because of the impairment? Did the employer reduce your duties, responsibilities or earnings because

of your impairment? When your work effort ended, was the continuity of employment broken? Did

the employer grant sick leave or hold the position open for your

return? If you were self-employed, what has happened to the business since the

discontinuance or reduction of your work? If the business continued in

operation, who managed and worked in it and what income will you receive

from it?

Work Effort of 3 Months or Less: Your work must have ended or have been

reduced to the non-SGA level within 3 months due to your impairment or to

the removal of special conditions related to your impairment that are

essential to your further performance of work. (Examples of “special

conditions” are given below.)

Work Effort of Between 3 and 6 Months: If your work lasted more than 3

months, it must have ended or have been reduced to the non-SGA level

within 6 months due to your impairment or to the removal of special

conditions (see below) related to your impairment that are essential to

your further performance of work and:

- You must have had frequent absences from your work due to your impairment;

- Your work must have been unsatisfactory due to your impairment; or

- Your work must have been done during a period of temporary remission of

your impairment; or

- Your work must have been done under special conditions.

You must have had frequent absences from your work due to your impairment;

Your work must have been unsatisfactory due to your impairment; or

Your work must have been done during a period of temporary remission of

your impairment; or

Your work must have been done under special conditions.

orary remission of

your impairment; or

- Your work must have been done under special conditions.

You must have had frequent absences from your work due to your impairment;

Your work must have been unsatisfactory due to your impairment; or

Your work must have been done during a period of temporary remission of

your impairment; or

Your work must have been done under special conditions.

(To illustrate how UWA time periods are figured, work from November 5,

2003, through a date no later than February 4, 2004, is for “3

months or less.” Work from November 5, 2003, through at least

February 5, 2004, but through a date no later than May 4, 2004, is for

“between 3 and 6 months.”)

Work Effort of Over 6 Months: Your SGA-level work lasting more than 6

months cannot be an UWA regardless of why it ended or was reduced to the

non-SGA level.

Performance of Work Under Special Conditions: One situation under which

your SGA-level work may have ended, or may have been reduced to the

non-SGA level, as set out above, is “the removal of special

conditions related to your impairment that are essential to your further

performance of work.” That is, you may have worked under conditions

especially arranged to accommodate your impairment or you may have worked

through an unusual job opportunity, such as in a sheltered workshop.

Special or unusual conditions may be evidenced in many ways. For example,

you:

- May have required and received special assistance from other employees in

performing the job; or

- Were allowed to work irregular hours or take frequent rest periods; or

- Were provided special equipment or were assigned work especially suited to

your impairment; or

- Were able to work only within a framework of especially arranged

circumstances, such as where other persons helped you prepare for or get

to and from work; or

- Were permitted to perform at a lower standard of productivity or

efficiency than other employees; or

ke frequent rest periods; or

- Were provided special equipment or were assigned work especially suited to

your impairment; or

- Were able to work only within a framework of especially arranged

circumstances, such as where other persons helped you prepare for or get

to and from work; or

- Were permitted to perform at a lower standard of productivity or

efficiency than other employees; or

- Were granted the opportunity to work, despite your medical condition,

because of family relationship, past association with the firm, or other

altruistic reason.

May have required and received special assistance from other employees in

performing the job; or

Were allowed to work irregular hours or take frequent rest periods; or

Were provided special equipment or were assigned work especially suited to

your impairment; or

Were able to work only within a framework of especially arranged

circumstances, such as where other persons helped you prepare for or get

to and from work; or

Were permitted to perform at a lower standard of productivity or

efficiency than other employees; or

Were granted the opportunity to work, despite your medical condition,

because of family relationship, past association with the firm, or other

altruistic reason.

Development of Reasons for Work Discontinuance or Reduction: When we