Are Social Security Disability Benefits Taxable?

    Your Social Security disability benefits may be partially taxable. Like everything about the tax laws, it's complicated. I'll try to hit a couple of the most important parts.

• One-half of Title II Social Security benefits is taxable to the extent that the Social Security benefits, when added to the taxpayer's gross income and some sorts of nontaxable income, such as tax-exempt municipal bond interest, exceeds $25,000, in the case of a single taxpayer or $32,000 in the case of a married taxpayer, filing jointly. The percentage that is taxed goes up to 85%% to the extent that the taxpayer's income goes over $34,000 if the taxpayer is filing as a single individual or $44,000 if filing jointly.
• Payments of back Social Security benefits typically are for periods of time that cover more than one calendar year. Back benefits covering two or more years might have not been taxable at all or only taxable in small part if they had been paid at the time they were due. The Internal Revenue Code makes a specific provision for this situation. If the taxpayer so elects, the amount included in gross income by reason of receiving these back Social Security benefits is only the sum of the increases in gross taxable income for the prior taxable years that would have resulted solely from taking into account the portion of the benefits paid for that prior taxable year. The election is made by writing in the letters "LSE" (for lump-sum election) to the left of line 21a on the form 1040. This does not mean that the Social Security claimant who receives a large amount of back benefits can or should file amended tax returns for prior years. The back Social Security benefits must be included in the tax return for the current year, but only to the extent that they would have been included if they had been paid when they were due.

    Things get really complicated if you've also received Long Term Disability benefits, usually from an employer sponsored plan. You really need to see a tax professional about that sort of thing.

Wow! Funny And Incisive View Of Social Security Disability!

LTD And Social Security Disability

    Spoiler alert: This is going to be complicated -- but important.

 

    LTD stands for Long Term Disability benefits. LTD is not paid by Social Security, but by private employers and insurance companies. Many larger employers  have pension plans that provide LTD to their disabled employees. Individuals can also purchase LTD insurance policies directly from insurance companies.

    LTD plans always contain an offset for Social Security disability benefits. This means that the LTD is offset or reduced, dollar for dollar, by the initial amount of Social Security disability benefits. For instance, if the LTD is $2,000 a month, the employer or insurance company will pay $2,000 a month as long as the disabled person receives no Social Security. However, if the disabled person starts receiving $1,500 per month from Social Security, the LTD goes down to $500 per month. 

    If the disabled person receives retroactive or back benefits from Social Security for months in which they also received LTD, the employer or insurance company that paid the LTD will want some of their money back. 

    Virtually always, the employer or insurance company gives a credit for the attorney fees the disabled person paid for representation on their Social Security disability claim. In a backhanded way the employer or insurance company pays the attorney fee.

     A person who is already receiving LTD may wonder why they need to bother with a Social Security disability claim, if anything they get from Social Security just reduces the amount they get from LTD. Actually, there are a number of good reasons for a disabled person receiving LTD to go ahead with the Social Security disability claim:

• The Social Security disability benefit may be more than the LTD benefit;
• Many LTD plans specifically require that a person receiving LTD pursue a Social Security disability claim through an ALJ hearing. If the disabled person refuses to do this, the LTD  is cut off.
• LTD benefits provided as an employee benefit are fully taxable. For most people, Social Security disability is not taxable at all. At worst, it is only partially taxable.
• Generally, LTD plans do not contain a cost of living adjustment. The benefits never go up even if the cost of living does go up. After ten or fifteen years, the LTD benefit is worn away by inflation and the LTD check that started out looking so good starts to look puny. Social Security disability benefits, however, are adjusted for inflation and keep a constant value. Since LTD plans generally offset only the initial amount of Social Security disability benefits and not cost of living adjustments, the disabled person on Social Security has protection against inflation that a disabled person only on LTD does not enjoy. Note that the LTD plan for N.C. state employees does provide cost of living adjustments, but also offsets Social Security's cost of living adjustments.
• Most LTD plans only pay benefits to age 65, leaving disabled persons to rely upon Social Security retirement benefits thereafter. Anyone on Social Security disability  based upon their earnings receives an earnings "freeze" so that their Social Security retirement benefits do not end up being reduced. If a person is out of work for many years without being on Social Security disability benefits, their Social Security retirement benefits will be lowered.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Cancer

  

   Social Security disability claims based upon cancer usually come in two types -- those approved quickly and those that don't get approved at all.

    Those approved quickly are those where the cancer has spread. Of course, if that has happened, the cancer is extremely dangerous. 

    Those where the cancer has not spread are seldom approved. The reason is that there is a 12 month duration requirement for Social Security disability benefits. Unless your condition is fatal, you have to have been or be predicted to be disabled at least a year. Cancer may be treated with surgery, chemo and radiation but generally all of that, as terrible as it is, is over in less than a year. After that, unless things go in a bad direction, the patient can expect at least a period of remission and can hope to be done with cancer forever. If a patient goes into remission in less than a year, they can generally re-start their life, including work. If it comes back, of course, then a new Social Security disability claim is likely to be successful.

    There are cases where the cancer has not spread but where the patient is still disabled for longer than a year. Sometimes, surgery or chemo or radiation leaves behind serious problems that prevent work. Sometimes the surgery, chemo and radiation takes longer than a year. Often, the cancer isn't the only health problem the patient has.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

It Takes An Immigrant To Point Out Just How Awful This Situation Is

    John Oliver may be an immigrant from Britain but he's one of the most interesting observers of the American scene. Take a look at this recent piece he did on Social Security disability.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

What Are "Back" Social Security Disability Benefits?

    Social Security takes a long time to make decisions on disability claims. The money you were due for all those months shouldn't just disappear. No, they pay you for that time if you're approved. They may also pay you for some of that time you waited before even filing your claim. Here are the rules for these back benefits:

Supplemental Security Income (SSI): Assuming you're found disabled that far back, benefits can start the month after the month you filed your SSI claim. If you filed your claim in January 2024, they owe you beginning February 2024, assuming they find you disabled that far back. 

Disability Insurance Benefits: These are the benefits based upon your earnings. Benefits can go back up to 12 months before the month in which you file your disability claim BUT there's a five month waiting period after you became disabled before benefits can begin. Two examples:

• Filed claim in January 2024. Became disabled June 15, 2023. Benefits begin December 2023 -- five month after the disability began.
• Filed claim in July 2024. Became disabled September 23, 2022. Benefits began June 2023 -- one year prior to the date of the claim.

    Sound complicated? I'm making it as simple as I can. That's why you should hire an attorney to represent you.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Can I Get Social Security Disability For Anxiety?

    Can I get Social Security disability for anxiety? I know you want a definite answer but I have to be a lawyer and tell you "That's a definite maybe." Absolutely, people do get approved for Social Security disability benefits based upon anxiety. They also get turned down. They don't make it easy. Here are some things that Social Security looks at in disability claims based upon anxiety:    

• Are you in psychiatric care for the anxiety? If you're not taking your anxiety seriously enough to seek psychiatric care it's going to be hard to convince Social Security that it's all that bad. No, care by your family doctor won't be enough. If you're thinking about filing a Social Security disability claim based upon anxiety, obviously whatever your family doctor is doing isn't working.
• Is the anxiety associated with bipolar disorder? Really severe anxiety often is.
• Is your anxiety associated with severe depression? Often it is.
• Is the anxiety associated with panic attacks or obsessive compulsive disorder?
• Can you leave your house by yourself?
• How is the anxiety affecting your life? How are you limited?

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Skin Disorders

Severe psoriasis

     If you don't have it yourself, you might not think skin disorders could be disabling but they sure can be. You really, really don't want to have a skin disorder that bad.

    Here's some of the types of severe skin disorders which, if they don't respond to treatment, can be disabling:

• Hidradenitis suppurtiva -- I bet you've never heard of this one even if you've got it. It causes severe, recurrent, highly painful boils in the private areas. Many people with hidradenitis suppurtiva don't even realize they have a skin problem. They think it's a series of infections that must be treated surgically. Wrong. See a dermatologist.
• Psoriasis -- A common skin problem which can usually be treated well enough to allow a person to get on with their life but sometimes psoriasis doesn't respond so well to treatment and covers a big portion of a person's body.
• Eczema -- Dry, itchy skin that can swell and crack. Most of the time it can be controlled with medication. Can you imagine that eczema can lead to blindness?
• Bullous disorders -- They cause fragile skin that blisters and tears easily.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Lumbees And Social Security Disability Benefits

     Since I first started practicing Social Security disability law in 1979, Lumbees have been a significant part of my firm's practice. Historically, most Lumbees have suffered from poor educational access, poor access to health care and poverty in general. These have led to Lumbees having sky high disability rates.

    Things are still bad but not quite as bad as they used to be. I can remember a day of hearings in the early 1980s in Lumberton with four Lumbee clients back to back who were all illiterate. The Administrative Law Judge, who was there on assignment from another state, asked pointedly "Are all your clients illiterate?" I had to educate him to the fact that all of those clients were Lumbee and about local circumstances. Where and when those claimants were growing up there were three school systems. The one for whites was lousy. The one for blacks was much worse. The third one, for Lumbees, was much worse still. Lumbees had little chance to learn to read and write. I can remember the clerk butting it to say "He's telling the truth." The ALJ was amazed. The local ALJs already knew.

    For those from outside North Carolina, Lumbees are one of the largest native American tribes in the U.S. They're also not recognized by the federal government although everyone concedes they're native Americans. Even other tribes have worked hard to prevent Lumbees from getting tribal recognition. It's all terribly unfair. If you want to find the most disadvantaged group in America, try going to Robeson County, NC.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

"I Can't Afford To File For Social Security Disability. I HAVE To Get Back To Work"

    From the stupid things that people tell themselves department: "I can't afford to file for Social Security Disability. I HAVE to get back to work." If you're thinking this, here are some questions you need to ask yourself:

• Why are you out of work now? Were you just hit by a fit of laziness?
• Are you really getting better or are you just fooling yourself?
  
• In this world, do thing happen because you really need for them to happen?
• If you can't work now, what makes you think you're going to be able to work anytime soon?
• If you can't afford to file a claim for Social Security disability, how are you going to afford to live without it if you can't get back to work?
• What makes you think that filing a claim for Social Security disability benefits will keep you from going back to work if you start feeling better? It doesn't. As long as you don't withhold information about the work from Social Security, you're in no trouble if you go back to work. Depending upon how much work you do and how long you do it the work may not prevent you from getting Social Security disability benefits.
  

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-844-425-5347

Arthritis

     Arthritis is a frequent basis for successful Social Security disability claims. Arthritis means pain in a joint. There's more than one reason why someone might have pain in a joint so there are various types of arthritis. Here are a few:

• Osteoarthritis -- The garden variety of arthritis that everyone gets as they age.
• Inflammatory arthritis -- This is caused by one of a number of diseases such as rheumatoid arthritis that can cause dramatic symptoms and joint destruction. This one has nothing to do with age. Children can come down with rheumatoid arthritis.
• Post-traumatic arthritis -- You may have had only a few aches and pains in that joint you injured until years later when it finally catches up with you. This doesn't happen after all fractures -- most don't involve joints and those which do don't always result in post-traumatic arthritis. 
• Gout -- Caused by excess uric acid in the bloodstream which deposits out as sharp crystals, most commonly in the big toe. Gout is well known as extremely painful. In most cases, but not all, gout can be controlled with medication.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

I'm On Social Security Disability. I've Gotten Even Sicker. Can I Get A Higher Benefit?

     I'm sorry to say it but the answer to the question posed above is "No." With Social Security there are no percentages of disability, like 50% or 70%. The way the law is written, you're either disabled or not. They don't pay you more for being more disabled.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Disabled Widow And Widower Benefits

    Disabled widows and widowers may be eligible for benefits on the account of their late spouse in these basic circumstances:

• Be 50 or older but less than 60;
• Have become disabled within seven years after either the date of their spouse's death or the date they last received mother's or father's benefits on the account;
• Late spouse have worked a certain number of years under the FICA tax;
• In most cases, not be remarried
  

    Note that this includes widowers. There are more widows than widowers in the world but there's still a fair number of widowers. The widower claims are often missed because it just doesn't occur to people that widows and widowers would be treated the same. This is especially important if the late wife earned a good deal more than the widower. Illness or imprisonment can causes this but sometimes it's just that the wife made more money.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Auto-Immune Disorders

The "butterfly" rash that can be a sign of lupus

     Claimants with autoimmune disorders are often approved for Social Security disability benefits. It may be something more common such as rheumatoid arthritis or lupus or something more unusual such as relapsing polychondritis. It may be so hard to diagnose that your doctor calls it Mixed Connective Tissue Disorder. All of these, and many, many more types of autoimmune disorders may be enough for a person to be found disabled.

    Keep in mind that many autoimmune disorders vary from something that's not troublesome to something that's deadly. Your chances of being approved depend upon where you are on that spectrum.  As an example, I recently met a surgical technician with rheumatoid arthritis who was still working in the operating room using her hands constantly. Even though her hands looked deformed, her RA was in remission and she was able to do her job. I've certainly met others with RA whose hands weren't deformed -- although they might be heading there -- who were quite disabled.

    By the way, I'm often struck when my Social Security disability client is disabled by something they had never heard of before becoming sick, such as lupus even though diseases such as lupus aren't rare. The general public understands little about autoimmune disorders.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

What Are Disabled Adult Child Benefits?

    Disabled Adult Child (DAC) benefits are paid to those who become disabled before age 22. The benefits are paid based upon the earnings of the person's mother or father but benefits can't begin until the parent is drawing benefits on their account or is deceased. Most people don't know that this type of disability benefit even exists.

    I often meet with younger Social Security disability claimants who come in with their father or mother. Always the parents are worried about what will happen to their child once they're no longer around to help. DAC will probably solve a big part of this problem. At least their child will have an income and access to medical care.

    There is one thing about DAC that's very unfortunate. DAC recipient who get married usually lose their DAC. By the way, if you have a disabled child, don't discount the possibility that your child will eventually marry. It may seem out of the question today but all kinds of things happen in the fullness of time that we can't now foresee. Love conquers all kinds of obstacles.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Happy Labor Day -- I Know Many Reading This Blog Wish They Were Still Working

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

What Is Disability Insurance Benefits?

    There are several types of Social Security disability benefits. For all of them you must prove that you're disabled but you have to show something else as well and that's something else varies from one type to another. For Disability Insurance Benefits (DIB,) in addition to proving you're disabled, you must have worked a fair amount recently -- five out of the last ten years, or 20 of the last 40 calendar quarter before becoming disabled, if you want to be technical. That standard is a little different for those under the age of 31 since they haven't had time to have worked as long as older people.

    DIB benefits are computed based upon prior earnings. If you have earned more in the past, you get more DIB.

    You don't have to be poor to get DIB. It doesn't matter if you have money in the bank and it usually doesn't matter to Social Security if you have a pension. 

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Fibromyalgia

     Can you get on Social Security disability for fibromyalgia? Yes, but it's awfully hard. If you've got fibromyalgia, you already know that the diagnosis doesn't get much respect from many doctors. Even though it's real, many medical professionals treat it as if it were imaginary. Unfortunately, there's a lot of this sentiment at Social Security.

    It helps a lot in fibromyalgia cases if the diagnosis has been made by a rheumatologist. The patient with fibromyalgia need not continue to see a rheumatologist. The treatment options for fibromyalgia are quite limited. A family doctor can handle the management of fibromyalgia in most cases.

    As in every case, age makes a big difference with Social Security disability cases. Also, Social Security will also look at every other health problem you have. You may be hurting all over but that bad knee may be the part that gets you found disabled. The arthritis in the knee shows up on an x-ray while the fibromyalgia all over doesn't.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

How Do I Dress For A Social Security Disability Hearing?

Not the look you want

    If you're having a hearing by telephone it doesn't matter what you wear! If it's a video hearing or an in person hearing there's no need to get dressed up. If anything that might not be a good idea. You can wear whatever you might wear to go to the grocery store. I'd say to avoid jewelry or much makeup. You wedding band is OK. If you just have to wear some small earrings, it's OK, but nothing beyond that.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

What Is SSI?

    There are several types of disability benefits that come from the Social Security Administration. One important type is Supplemental Security Income (SSI). You must be able to prove you're disabled to get SSI but that alone isn't enough. There's always something else besides disability you have to prove to get any type of Social Security disability benefits. In the case of SSI you must be poor. There are two aspects of being poor enough for SSI. You have to have a low income plus you must have low resources. By low resources, Social Security means countable resources below $2,000. Not everything counts, though. A house, if you're living in it doesn't count. One car doesn't count. Ordinary sorts of jewelry, like an engagement ring, doesn't count. Household furniture and appliances don't count. Still, $2,000 is low. It's easy to go over that and lose your SSI at least temporarily. If you do lose SSI due to excess resources, you have 12 months to again become eligible without having to start over with a new claim.

    Here are some thing to avoid if you're on or hope to get on SSI:

• Giving away things you own to become eligible for SSI. This doesn't work. It results in long periods of ineligibility.
• Letting others hold money for you so you can go below $2,000. It's still your money so you're  still ineligible. If you get some lump sum of money while on SSI or trying to get on SSI, Social Security is going to ask what you did with the money.
• Holding money for other people. That can look like its your money.

     What can you do if you receive a lump sum of money while you're on or trying to get on SSI, such as a personal injury settlement or an inheritance? Here are some things that work:

• Pay off your debts, including your home mortgage.
• Make home repairs.
• Replace worn out appliances or furniture.
  
• Replace your old car with something better.
• Buy some new clothes.
  
• Spend some money to make a trip to see friends or relatives you haven't seen in a while.
  

    There's way more that can be said about SSI income and resource policies. Consult Social Security or an attorney, like my law firm, if you have questions.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Your Medical Condition

     How much difference does your medical condition make in determining whether you'll be approved for Social Security disability benefits? It's the most important factor but not the only one. Age, education and work experience must also be considered. Age, in particular makes a big difference at Social Security. Consider two Social Security disability claimants with the same medical condition, one age 45 and the other, age 60. The 60 year old might be approved while the 45 year old might be denied.

    There's no simple way of determining whether your medical condition will be enough for you to be found disabled. There's what's called a "Listing of Impairments" at Social Security but those "Listings" are far from the only way a Social Security disability claim can be approved. The "Listings" themselves aren't just a list of names of diseases. Each disease has its own specific criteria for approval and those specific criteria are terribly hard to meet. As an example, you might see leg amputation in the "Listings" but you don't merely need to have had an amputation. In most cases, you'd also have to have problems with your stump that are so bad that you can't use an artificial leg. When an amputee has that sort of problem, in most cases, their surgeon goes back in to modify the stump so they can use an artificial leg. For most of our clients, meeting a "Listing" is impossible.

    In the end, it's just complicated. Like it or not, you're probably going to need a lawyer to help guide you through the Social Security maze.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Avoid Unnecessary Payment Delays

     Remember when you filed your Social Security disability claim that they asked for your bank account information? Even if you don't remember it, I assure you they did ask for it and you gave them your bank account information, if you had a bank account. (I have clients argue with me about this but they're always wrong!) It's now three years later and you've finally been approved for Social Security disability benefits. Can you guess where I'm going with this? Right, you may have closed that bank account since you filed your claim but Social Security doesn't know this. Unless you tell them quickly, they're going to try to deposit your benefits into a closed bank account. The money will bounce back and you'll suffer delay in getting your benefits.

    Your solution to this problem is to contact Social Security as quickly as possible after you find out you've been approved if your old bank account has closed. You can give them the new bank account information or let them know you have no bank account so they can send you a check. I do mean that you should contact Social Security right away. Most of the time it takes a month or more before the money comes in but not always. Sometimes, it comes in within days.

    By the way, it's not the end of the world if your direct deposit bounces back because your old bank account is closed. It's just going to add a month or two of unnecessary delay.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Why Is There A Waiting Period?

    There are actually two waiting periods in Social Security disability. If you're approved for any sort of disability benefit other than SSI there's a five month waiting period after disability begins before cash begins. There's also a 24 month waiting period on top of that before Medicare begins.

    You're expecting that there must be some reason you can understand why these waiting periods exist but there really aren't any, at least not any you'll accept.. The waiting periods exist for two reasons. One is to save money. The other is because compromises were made in order for Social Security benefits to pass Congress in the first place. Those who opposed disability benefits and Medicare couldn't prevent passage of the legislation. All they could accomplish was to make it as brutal as possible. Why would members of Congress be so hostile to disabled people? I really can't tell you.

    If you think this is awful, let your members of Congress know. They're the ones who can change this.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Happy 89th Birthday, Social Security!

 

FAQs On Consultative Examinations

    Social Security sends a lot of disability claimants out for medical or psychological exams at the agency's expense. Here's some FAQs on these exams:

What's a "CE"?

It's an abbreviation for Consultative Examination. It's what they call the exams that Social Security sends you to.

Do I have to go?

Probably. They can turn you down for refusal to cooperate if you don't.

Is it a bad sign if they don't schedule a CE? Or is it a bad sign if they do?

It's neither, really.

Why do they schedule CEs?

In theory, they're doing it because they feel they don't have enough evidence. Sometimes, that's really the case. Sometimes, it seems to be overwhelmed employees scheduling CEs to put your case off for a bit because they are too busy to work to your case. Sometimes, CE scheduling just seems random.

Do the CEs hurt claimants?

Sometimes they hurt. Sometimes they help. Mostly it's neither. You wonder why they wasted the money and time on the CE.

How good are the consultative exams?

Not so great. Nobody goes to medical school to do the CEs especially when you're not paid much to do the exam, which is usually the case. You're not getting the cream of the crop doing CEs. They're mostly going through the motions.

The CE is scheduled at the same time that I'm scheduled with my own doctor. What do I do?

Call Social Security as soon as possible and ask that they reschedule it

My CE was done in a chiropractor's office. Why?

Sometimes doctors moonlight from their regular jobs to do CEs on Saturdays. They just rent some space from a chiropractor.

How do I make a complaint about a CE?

Look at the written notice you received about the CE. It should have a phone number and address on it. That's who you contact to complain. They actually pay more attention to those complaints than you might think.

What kind of mistakes do people make when they go to CEs?

The biggest mistake is fakery. Don't do it. It can really hurt you. If you're asked to do something during the exam, do it to the best of your ability. You can say it hurts but do what you can. Also, don't go in with an angry attitude. That's not a good way to influence the doctor in your favor. Another mistake: Showing up intoxicated for the CE. They're going to notice. Yes, a few people really do show up drunk for CEs.

 

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347