Need Help With Social Security Disability Claims In Columbia Sc
At Bluestein Attorneys, our Social Security Disability attorney Stacy Thompson is dedicated to helping sick, injured, and disabled South Carolinians receive the SSD and SSI benefits that help them make ends meet during tough times.
To request your FREE Social Security Disability consultation, give us a call at 674-8818 or contact us online at any time.
Reporting Ssdi Income Tax Returns
The 2011 tax filing deadline is fast approaching on April 17, 2012. Oftentimes social security disability recipients are confused with respect to if and how they must report SSDI or SSI disability benefits on their income tax returns. Unfortunately, many disabled Americans improperly report their disability benefits on their tax returns. In order to avoid overpaying or underpaying your income taxes, it is important to understand how to report monthly and lump sum disability payments on your income tax returns.
The following are some important things to remember at tax time:
For the 2011 tax year, those individuals who earned less than $9,550, and those married couples filing jointly who earned less than $19,000, are not required to file a federal income tax return.
Up to half of an individuals social security disability benefit payments are taxable. In other words, a beneficiary with other income sources is required to add half of their disability payments to all other income in order to arrive at their gross income for the year.
Lump sum payments are reported in Box 3 of the SSAs Form SSA-1099.
How Far Back Will My Benefits Go
Your benefits should begin with the month of the date of entitlement in your case. Many people ask why benefits dont begin on the date they were found disabled. Social Security disability benefits never begin on the date one is found disabled because of the waiting period of five full calendar months. Another rule limits payment of back benefits to 12 months before the date of the application. Therefore, your benefits begin either 12 months before the date of application or five full months after the date you were found to be disabled, whichever is later.
Examples Of How Maternity Benefit Is Taxed
If you pay tax through the PAYE system you will probably fall into one ofthe following 3 categories:
1. You are paid your full or partial salary by your employer andyour Maternity Benefit is paid directly to them
Revenue will reduce your tax credits and rate band to account for the taxpayable on your Maternity Benefit and in this way collect the tax due. Revenuewill then send a revised tax credit certificate to your employer. Your employershould only deduct tax, USC and PRSI on the difference between the salary paidand Maternity Benefit.
2. You are paid your full or partial salary by your employer andyour Maternity Benefit is paid directly to you.
Revenue will reduce your tax credits and rate band to account for the taxpayable on your Maternity Benefit and your employer should deduct tax, USC andPRSI only on the amount of salary actually paid by them.
3. You do not get any salary while on maternity leave and yourMaternity Benefit is paid directly to you
Revenue will reduce your tax credits and rate band to account for the taxpayable on your Maternity Benefit. They will then send a revised tax creditcertificate to your employer. If your only income is Maternity Benefit you willprobably pay very little or no tax .
If you are not entitled to any pay on the usual pay day, you may contactyour employer to request repayment of any tax that might be due. Alternatively,when you go back to work after maternity leave, any refund of tax which may bedue can be calculated.
What If The Social Security Administration Finds That My Disability Has Ceased But Im Still Not Able To Work
The notice, which you will receive from the Social Security Administration following a continuing disability review, will explain your appeal rights. Read this notice carefully. If you appeal within ten days of the date you receive the notice your benefits will continue during your appeal. So be sure to act quickly.
Should I Sign Up For Direct Deposit
Direct deposit is a great convenience. It is very dependable. You can sign up by contacting your local Social Security office. But if you dont sign up before your disability hearing then it might be too late to have your back benefits paid by direct deposit because the Social Security Administration may have already sent out your check for back benefits.
There are a couple of problems with direct deposit of past due benefits. SSA sometimes has people sign up for direct deposit right when they apply for benefits. Sometimes, people forget that they even signed up and they keep looking for a check in the mail when the money has already been deposited to their bank account. Worse yet, sometimes people close the bank account that they told the Social Security Administration they wanted to use for direct deposit. If this were to happen to you, you would find that it will take a while to straighten this out. It might be necessary for you to go to the Social Security office to update the Social Security Administration on your current account information.
Will I Receive A Notice From The Social Security Administration Explaining My Benefits
Yes. That notice is usually called a Notice of Award. This notice will show the date of entitlement and the amounts of benefits for all months of back benefits. It will show the total amount of benefits to be paid to you. It will show the amount of benefits withheld for direct payment of attorneys fees. It may also give you information about your Medicare eligibility and monthly Medicare premium. It may also give you some information about when to expect a continuing disability review.
Taxation Of Social Security Disability Backpay
While long-term disability benefits are not taxable , Social Security disability payments can be taxed if you earn other income. It’s important to remember that up to 85% of your lump-sum payment from Social Security may be taxable even if it’s owed to the LTD carrier. Because the taxable Social Security disability benefits effectively take the place of the tax-free LTD payments, many disability recipients are left facing a hefty tax bill from the IRS, without the money from Social Security to pay it.
In one case, a woman began receiving long-term disability benefits in 2007 and was finally awarded Social Security disability payments in 2010 after applying three years earlier. Nearly all her backpay from Social Security, which totaled more than $49,000, went to the LTD carrier under the terms of the policy. The IRS then presented a tax bill to the woman and her husband of more than $10,000. While the Tax Court sympathized with the couple’s plight, ultimately it was bound by federal law, which taxes Social Security disability benefits but not LTD payments.
Are Social Security Benefits Taxable
Up to 50% or even 85% of your Social security benefits are taxable if your provisional or total income, as defined by tax law, is above a certain base amount. Your Social Security income may not be taxable at all if your total income is below the base amount.
If youre married and filing jointly with your spouse, your combined incomes and social security benefits are used to figure your total income.
When You Have To Pay Back Long
Most long-term disability insurance policies contain a rule, called the offset provision, that forces you to apply for SSDI in addition to claiming LTDI benefits. If your LTDI policy has this provision and you receive SSDI payments, your LTDI benefits will be reduced by the amount you received in SSDI.
The Social Security Administrationâs definition of disability, which describes how disabled you have to be before youâre eligible to receive benefits, is very strict, and most people get denied. In addition, it may take months or years to start receiving SSDI benefits. However, if youâre granted benefits, youâll receive a lump-sum catch-up payment for every month the SSA spent processing your eligibility.
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During the time you spent waiting for SSDI benefits, your LTDI benefits may have already started paying out. If your LTDI policy has the offset provision, you may have to pay all or part of the catch-up payment to the insurance company to offset the amount the company was obliged to pay you during that time.
An Example Of Taxable Ssdi Benefits
Lets say youre single and your income for the 2020 tax yearthe tax return you file in 2021includes $12,000 in SSDI benefits and $20,000 in other income. Combining your other income with half your SSDI benefits gives you taxable income of $26,000. Since that falls into the $25,000 to $34,000 range, youll pay taxes on 50% of your benefits.
Your $26,000 income puts you in the 12% tax bracket. So youll pay 10% in taxes on the first $9,875, and then 12% on everything above that.
How Far Back Does Disability Pay In Pennsylvania
Applying for Social Security disability benefits in Pennsylvania is a lengthy and challenging process. According to its own website, the Social Security Administration indicates that it could take anywhere between three to five months to approve an initial application. The reality is that it could take much longer. The initial process takes time and the majority of new applications are denied. This means that applicants are looking at a long appeals process that could take a year or longer.
Fortunately, the SSA offers back payments to account for these lengthy delays. Back pay in Pennsylvania covers the disability payments you would have been eligible for before your application was approved. Additionally, you might be eligible for Social Security benefits payments up to 12 months before your application date.
However, there are parts of the process that impact your potential back pay, including waiting periods and the established onset date of your medical condition. To help maximize your back pay benefits, you should consult with one of our experienced Philadelphia Social Security disability lawyers. Call Young, Marr & Associates at 515-2954 to review the necessary steps to receive the benefits you deserve.
A Combination Of Long
Most long-term disability policies contain a provision that requires those who receive LTD benefits to file for Social Security disability benefits. Then, if the Social Security applicant is approved for disability, the LTD insurance company is allowed to reduce the monthly LTD benefit by the amount of Social Security disability payments received.For example, when a person who receives $2,000 in long-term disability benefits per month is approved for $1,800 in Social Security disability, he can still collect a total of $2,000, but $1,800 will come from Social Security and the remaining $200 from the LTD insurance carrier.
When Disability Benefits Are Taxed
Whether Social Security disability benefits are taxed depends on your total income. You will avoid taxes if your total incomewhich is determined by adding one-half of your disability benefits to all other sources of income, including tax-exempt interestis below the threshold set by the Internal Revenue Service . If you are single, the threshold amount is currently $25,000. If you are married and file jointly, it is $32,000.
State Taxation On Social Security Disability Benefits
The majority of states do not tax Social Security disability benefits. However, there are several states which impose taxes on these benefits. Among these states, there are some that utilize similar income brackets like those used by the federal government for the taxation of Social Security disability benefits. The remainder of the state has developed its own system of taxation. Therefore, it is important to check with our disability law group to find out how the taxation of SSDI is carried out.
Generally, Social Security disability benefits will only be taxed if you have supplementary income that exceeds a certain threshold. However, most people do not end up paying taxes if they dont have any other source of income. In most instances, Social Security is only meant to replace 40% of an individuals income.
For more information about how Social Security disability benefits and SSDI work, or for legal assistance applying for SSD, contact our legal team at Giodosik Morse Disability Law Group today.
Most Disabled Beneficiaries Don’t Owe Taxes
As a practical matter, many SSDI recipients don’t face this issue because their overall income is too low to reach the tax threshold.
Disability benefits are intended to support people who largely are unable to work because of a severe medical condition, and Social Security strictly limits how much you can earn from work and remain eligible for SSDI. In 2021 the earnings cap is $1,310 a month for most beneficiaries.
According to the Social Security Administration, about a third of disabled beneficiaries pay taxes on their benefits. When they do, it’s typically because of other household income, such as a spouse’s earnings.
To determine if your SSDI is taxable, enter your benefit, income and marital information into the IRS online tax tool or fill out Worksheet 1, Figuring Your Taxable Benefits, in IRS Publication 915, “Social Security and Equivalent Railroad Retirement Benefits.”
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Are Disability Payments Considered Income
Disability Pensions If both you and your employer pay for the plan, only the amount you receive for your disability that is due to your employers payments is reported as income. However, certain payments may not be taxable to you. Social security benefits are not taxable by the State of California.
Social Security Disability Back Pay
When you apply for Social Security Disability Insurance, it will take between 3-5 months for your SSDI application to be reviewedand sometimes more. Thankfully, the Social Security Administration will issue SSDI back pay. You are entitled to benefit payments that you would have received between the time of your application and the start of your monthly benefit payments.
Social Security Disability Back Pay Is Taxable As Part Of The Current Years Income
However, this back pay can cause problems for some recipients when tax time comes around. According to the , the taxable part of a beneficiarys lump-sum payment of benefits received in the current year is considered to be a part of the current years income, even if the payment includes benefits for an earlier year. The addition of the back payment increases a persons reported income, potentially increasing the amount of income taxes owed for the year in which they received the back paid benefits.
We say potentially because many Social Security disability benefit recipients dont pay taxes because their income is too low, even with the back pay included. If the recipient is an individual and makes less than $25,000 , they wont owe any taxes for their SSA back payment; the amount is $32,000 for married couples who file jointly.
There are two ways for beneficiaries to determine the amount of income to include: they can use their current years income to determine the taxable part of the total benefits received in the current year; or they can elect to figure the taxable amount of a Social Security disability back pay payment for an earlier year separately, based on their income for the earlier year.
Social Security Pensions From Abroad
If you have a social security pension from abroad, it is also generallytaxable in Ireland. The tax is payable annually unless you have a source ofincome that is subject to PAYE. Certain foreign pensions that would be exemptfrom tax if you were resident in the country paying the pension, are howeveralso exempt from tax in Ireland.
Is Social Security Disability Back Pay Taxable
Most applications for Social Security Disability benefits are not immediately approved, and applicants may wait for two years for a final decision.
Even after approval, the backlog of cases in nearly every local Social Security Administration office means that some recipients don’t receive their first payments until months or even a year after approval.
The upside to this unfortunate reality is that Social Security Disability benefits include back pay for most or all of that time spent waiting, in the form of a single lump sum. This sum can be substantial, depending on the amount of benefits approved.
Individuals who have received ‘lump sum payments’ in other situations have been dismayed to learn that their payments were taxed at a higher rate than they expected, or threw off their ‘Annual Income’ for the year and raised their tax bracket.
This may make the prospect of receiving a similar lump sum from the Social Security Administration a bit more stressful than it would be otherwise.
Is Social Security Disability back pay taxable?
How Long After You Apply Does It Take To Receive Your Back Payment
Obviously, any back pay to which you are entitled to you will not be paid until and unless you have been approved for SSDI. And depending upon whether your case is initially approved or if you must file for an appeal, your application process can take a year or more. You should be prepared to wait at least this long before you will receive your SSDI benefits and, therefore, your back pay.
Once your SSDI application is approved, your back pay will be issued sometime thereafter, but the processing times vary. On average, most people wait 1-2 months before receiving their lump sum back payment.
Medical Expenses And Other Bills May Be Able To Lower A Disability Recipients Tax Burden
Legal fees paid in 2011 that were incurred as part of legal representation to obtain social security disability benefits may also be used to lower tax burden.
Because the tax laws and social security disability laws are complex, with several nuances, you may wish to consult with a skilled social security disability attorney and/or accountant when filing a 2011 tax return that includes social security disability benefit payments. The knowledgeable Chicago disability benefit attorneys at Ankin Law Offices, LLC focus on advising and representing clients in pursuit of their social security disability claim. Contact our office to you any questions regarding the impact of social security disability benefits on your income tax burden.
Howard Ankin of Ankin Law Office LLC handles social security disability cases, as well as workers compensation and personal injury cases. Mr. Ankin can be reached at 600-0000 and
What Is Supplemental Security Income
Social Security Disability Insurance benefits and SSI benefits differ based on who receives them and why. SSI recipients do not need to meet the same disability or work credit requirements like those who receive Social Security Disability Insurance benefits.
Generally, SSI payments go to the elderly, blind, or disabled. Also, SSI benefit recipients often qualify for Medicaid assistance automatically.
Dont worry about knowing all the details when it comes to tax time. TurboTax will ask you simple questions about your life and help you fill out the right forms. Well also help you uncover the deductions and credits you qualify for so you can get every dollar you deserve. From simple to complex tax situations, weve got you covered.
Is Social Security Disability Income Taxable
Social Security disability benefits are taxable. However, a lot of the recipients of Social Security dont end up paying taxes on their disability benefits because they dont earn enough to tax. Research shows that more than 30% of Social Security disability recipients do pay taxes. Recipients are most often taxes when theyre combining their income with that of their spouse or if they have other sources of income in addition to their Social Security Disability benefits. It is important to note that Supplemental Security Income is not subject to taxes.
Social Welfare Payment And Anotherincome
If you have a social welfare payment and another source of income, you mayhave to pay tax. In this case, your taxable social welfare payment and yourother income are added together. You are taxed on the total amount. There is nomechanism for taxing social welfare payments at source . Your non-social welfare income determines how tax due is paid. Socialwelfare payments are taxed by reducing your tax credits and rate band.
For example, you are getting a social welfare pension and an occupationalpension. Your occupational pension is taxed through the Pay-As-You-Earn system in the same way as a wage or salary. This means that you get your taxcredits in the normal way. In order to tax your social welfare pension, yourannual tax credits are reduced by the tax liability on your social welfarepension. You then effectively pay tax on both the pensions, but it is collectedfrom the occupational pension. For higher incomes, the standard rate cut-offpoint will also be reduced. The technical term for this is coding inof credits. The same arrangement applies if you have income from a job and asocial welfare payment. If your social welfare payment was not coded in, youwould have to pay tax as a self-employed person and in a lump sum by 31 Octobereach year.
How To File Taxes When Receiving Social Security Disability Payments
Each and every year U.S. citizens have to file taxes with the Internal Revenue Service . When you work for an employer, tax season is rather simple and straightforward. Your employer deducts taxes from your weekly paychecks and, at the end of the year, provides you with a W-2 telling you how much money you made and how much of that money went to the government. That information is then used to file your taxes with the IRS. Tax season isn’t so simple and straightforward for Social Security Disability beneficiaries, but it doesn’t have to be a financial nightmare. If you have begun receiving payments from the Social Security Administration , the following information will help you get through the upcoming tax season and will help you understand how to file your IRS tax return.
What Is A Continuing Disability Review
The Social Security Administration is required periodically to review the cases of all people who are receiving disability benefits. Usually cases are reviewed every three years; but some cases are reviewed more often. Sometimes the decision will direct the Social Security Administration to conduct a review at a certain time. Often the Notice of Award will tell you when to expect a review.
Only In Certain States Or If Your Income Exceeds The Federal Limits
Social Security disability benefits may be taxable if you have other income that puts you over a certain threshold. However, the majority of recipients do not have to pay taxes on their benefits because most people who meet the strict criteria to qualify for the program have little or no additional income.
The Government Giveth And Occasionally Taketh Away: Ssdi And Federal Income Tax
Social Security beneficiaries may have questions about whether their retroactive benefits and/or their ongoing monthly benefits are taxable. This article gives general income tax guidance and should not be used as the basis for tax advice in individual cases. This is a broad overview with examples. This article only analyzes SSDI and not Supplemental Security Income . The composition of taxable income for each individual is unique and the permutations of taxation are myriad depending on a range of variables including income source, household composition, and timing. This article only concerns federal taxation. Most states do not tax SSDI. However, that is not discussed here.
Though an investment in hiring a tax professional may seem steep for an individual receiving SSDI, it may pay for itself many times over in tax savings or in prevention of emotional and financial disturbance arising from an IRS audit. NOSSCR cannot give tax advice and we recommend that your client always consult a tax professional.
When an individual receives a retroactive payment, SSA is required to send a 1099 form by February 1 of the following year, specifying how much of the Social Security benefit received in the retroactive payment was really a payment for a prior year . The 1099 form also lists the amount of the attorney fee paid. These 1099 forms are often inaccurate, and the taxpayer should double check all numbers with his or her award notice.
The Myth
The Math
SSDI Attorneys Fees