tdiu Lack Earned Income For Ss Benefits

[hurryupnwait]

I lack $4000 in earnings to get Social Security retirement and medicare. I have not worked since 2005 because of a VA service connected disability, I occasionally, answering phone calls for my wife who is self employed with a home based business.

According to the recent tax law change, if I work 100 hours in my wife's business then I can claim a percentage of her business, I was thinking maybe I could do this for one year, 2007. Enough percentage to get say $5000 in income, pay social security tax on it. Then I would be eligible for Social security benefits.

I did call to get a price for Medicare insurance and was quoted $450 per month in todays dollars.

After this, file for VA TDIU. Would working about 100 hours be considered working in VA terms?

Thanks

Paul

[donews]

Wow $450.00 a month for Medicare Insurance?

Were you eligible for it like many years ago and this is the penalty or is that the price if you purchase it before you get you SS straight?

Just asking because if you get it when you get it at age 65 or 2 years after you get SSDI if you do then it would be about $96.00 a month.

I am not positive about the TDIU but I believe it allows $800.oo a month or $9600 a year before its considered gainful employment.

[hurryupnwait]

Wow $450.00 a month for Medicare Insurance?

Were you eligible for it like many years ago and this is the penalty or is that the price if you purchase it before you get you SS straight?

If I do not have enough earned income when I turn 65 in 7 years, then I can buy medicare insurance, today's price is $450+$96 per month as per SS telephone answerer.

Just asking because if you get it when you get it at age 65 or 2 years after you get SSDI if you do then it would be about $96.00 a month.

I am not positive about the TDIU but I believe it allows $800.oo a month or $9600 a year before its considered gainful employment.

[free_spirit_etc]

I am not sure about the working for VA purposes. SSA allows you to deduct impairment related work expenses. And I think they have something about you aren't "gainfully" employed for SSA purposes if you are working and getting paid for something that is not really transferable in the market place.

Gainfully employed = capable of earning a living.

So you might research the implications of that - and see if you can dove-tail them.

i.e. can you declare enough of her income as yours, but also indicate that --really..you are working for your WIFE - no one else in the real world would pay you that much to do what you do for her business. (i.e. you didn't really EARN $5,000 - you just worked for your wife and were PAID that amount).

This argument might also help you with Social Security too - so they don't come back and say that though you earned less than substantial gainful that you showed you CAN work (yeah...when your wife hires you).

Or can you even declare part of the income and pay self employment tax without being an ACTIVE partner (i.e. you didn't work).

Is it earnings you really need? Or quarters paid in.

Those quarters paid in can be a pain - because if you are a few quarters short - by the time you earn those - the ones at this end are added, but the one at the other end of how far they go back drop off (because it moves forward each year).

Free

I lack $4000 in earnings to get Social Security retirement and medicare. I have not worked since 2005 because of a VA service connected disability, I occasionally, answering phone calls for my wife who is self employed with a home based business.

According to the recent tax law change, if I work 100 hours in my wife's business then I can claim a percentage of her business, I was thinking maybe I could do this for one year, 2007. Enough percentage to get say $5000 in income, pay social security tax on it. Then I would be eligible for Social security benefits.

I did call to get a price for Medicare insurance and was quoted $450 per month in todays dollars.

After this, file for VA TDIU. Would working about 100 hours be considered working in VA terms?

Thanks

Paul

[Philip Rogers]

Why don't you pursue an SSDI claim w/a 2005 disability date?? Did you have enough credits in 2005?

pr

Edited March 21, 2008 by Philip Rogers

[hurryupnwait]

Why don't you pursue an SSDI claim w/a 2005 disability date?? Did you have enough credits in 2005?

pr

[/quote

No, I did not have enough credits in 2005 either.

[hurryupnwait]

Update

My VA claim attorney told me to "materially participate" in my wife's business, work at least 100 hours, then take advantage of the new tax law change and become a partner in her business and split the income into a percentage that would give me the $4200 I need to get to 40 credits, the minimum to collect SS retirement and medicare benefits.

His office said that $4200 is way below the poverty level and is not gainful employment, therefore, the VA will not see it as working.

Happy Trails

Paul