Prior to November 16, 2016, there were additional requirements to evaluate work that
lasted between 3 and 6 months. We published a final rule that removed some of the
evaluation requirements for a UWA that lasts between 3 and 6 months. That final rule
became effective on November 16, 2016.
Disability evaluation is generally concerned with the ability to work over an extended
period rather than for short, isolated periods. When a claimant works (in employment
or self-employment) despite a severe impairment and then stops or reduces such work
below the SGA level for 30 days or more, it raises these questions:
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Was the work substantial enough to warrant a finding that the individual was engaged
in SGA during the time he/she actually worked? See DI 10501.001 for a definition of substantial gainful activity.
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How long did the work last?
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Did the claimant or beneficiary stop the work, or reduce it to the non-SGA level due
to the impairment or the removal of special conditions related to the impairment?
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Regardless of the amount of money earned and duration of the work, does the medical
and vocational evidence indicate the ability to engage in SGA before, during, or after
the period of actual work?
a. Work effort of 6 months or less
To consider work activity a possible UWA:
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the work activity must have ended or have been reduced to the non-SGA level within
6 months due to the impairment; or
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the work activity must have ended or have been reduced to the non-SGA level within
6 months because of the removal of special conditions related to the impairment that
are essential to the further performance of work.
For example, work from November 5, 2015 through a date no later than May 4, 2016,
is for “6 months or less.” Examples of “special conditions” are in DI 11010.145F.
b. Work effort of over 6 months
SGA-level work lasting more than 6 months cannot be a UWA regardless of why it ended
or reduced to the non-SGA level.
For example, work at the SGA level from November 5, 2015 through May 30, 2016 is a
work effort of “over 6 months.”