The Social Security Administration has issued a ruling which holds that work performed by a disabled worker at least 5 months after the alleged onset date but before a filing of disability should be considered part of the "Trial Work Period" and should not be considered evidence of ability to return to substantial gainful employment. This ruling applies to those claims under the jurisdiction of the 3rd Circuit Court of Appeals.
In the past, the trial work period has been used by individuals who are already receiving disability benefits. However, as the time period between the initial application and a favorable decision has increased, claimants are finding that they must attempt some work for economic reasons before they are determined to be totally and permanently disabled, even though their attempt at work is usually contrary to medical advice. An issue exists as to whether this period of work, prior to a finding of disability, will or will not be considered to be a trial work period.
This ruling is consistent with a New Jersey court decision, Fabel v. Shalala 891 F.Supp. 202 (D.N.J. 1995). In that case the court held that the claimant was entitled to disability benefits, that is, at the end of the formal waiting period.