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mariorivera830

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This is a continuation from the post here: http://community.hadit.com/topic/61568-ssdi-denied-says-i-can-be-a-cashier/ 

      Well, long story short, I got my approval....

 

or so I think. I received a letter from the SSA asking if I wanted to include my wife and children in my claim. Of course I would! As soon as I opened it, I called up Allsup (my ssdi attorney) and asked them what it meant. I was told that this is something they mostly ask for when approved. But I was told that it doesn't mean I was approved until I get my letter stating so. 

Great.... So I log in to my SSA account online and see a payment posted. I check my account and low and behold, there it is! Backpaid from my claim date: Dec 2014. But my award letter on the site says my payment is $0.00 to be paid on the 4th wednesday of the month. 

I have yet to get my letter and I assume that my lawyers got their cut already. 

My question is:

Now that I will have 100% VA (not p&t yet) and SSDI coming soon, What type of tax implications does this have? My wife doesn't work and we have been able to cut our bills down enough to live comfortably off of my disability, her caregiver money (tier 2) and now SSDI, so hopefully she will never have to. But we still pay mortgage taxes, school tuition, and other tax stuff. Should I still file taxes based on my SSDI or anything else? 

We're new to this totally disabled thing and we don't want to mess with Uncle Sam. 

 

Thanks everyone for your help and positive thoughts. 

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I know the VA disability comp is non-reportable, for taxes and other stuff.  Also, check your state benefits, most have property tax reduction/elimination that would be well worth your while checking into.  I believe the SSDI is also tax free.  My twin bro gets 100% and SSDI, but his wife works, gives her something to do. 

However, you are correct in assuming that Uncle Sam wants a cut, but only if "he" rates it.  I'm sure your research will show that your VA and SSDI should be non-reportable/non-taxable monies.

Perhaps you may qualify for some type of tax credit/return for certain things, however, if you are exempt from taxes, it might be a moot point.

Congrats on your award.

Semper Fi.

Andyman

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  • HadIt.com Elder

I believe if your income is less that 12.999 if spouse works?   you don't pay tax   and anything over that /she pays.

so if all your getting is VA Compensation and SSDI  you pay no tax.  some states have a state tax?

check the tax laws of your state.

I was on SSR (social security retirement)...and VA Comp, although they took out taxes on my wife from her work, I had SSA to take out taxes on my Retirement  so we would not need to pay come income tax time...since she has become disable and getting SSDI SO I sent a letter/form to SSA telling them not to take out taxes  of my SS Retirement in 2016.

You can get a form or download it and fill it out and they have three different % of tax you want with healed from your SSDI each month. 5% 10% 15%  not sure exactly of the %

at the end of the year you can file on that and get most of it back   kinda like a savings account.

 

 

...........Buck

Edited by Buck52
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You do know with new laws SSDI must also find you unemployable if the VA did? Also if a VA JUDGE finds you unemployable then SSDI MUST do the same per the BRAVE ACT. Read about it helped me a lot because SSDI is saying I can go back to work after 3 years of SSDI but the VA has already found me unemployable AFTER the SSDI AOJ made her decision. So SSDI must NOW find me unemployable just like the VA did.

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Mariorivera830,  I know you were initially denied back in March, I'm assuming you filed an appeal, not refiled, is that correct? I was just denied myself, and I was surprised at the denial due to the sheer volume of my medical records and how many times I've had flare-ups of the systemic lupus and been to the VA for treatments in the past two years. I was wondering if you had any advice, and i believe you said you did hire an attorney so i guess that will be my next step, ive already asked them to send me the appeal form. Congrats on your win, and thank you in advance for any advice or what you did in your situation!

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Mariorivera830,  I know you were initially denied back in March, I'm assuming you filed an appeal, not refiled, is that correct? I was just denied myself, and I was surprised at the denial due to the sheer volume of my medical records and how many times I've had flare-ups of the systemic lupus and been to the VA for treatments in the past two years. I was wondering if you had any advice, and i believe you said you did hire an attorney so i guess that will be my next step, ive already asked them to send me the appeal form. Congrats on your win, and thank you in advance for any advice or what you did in your situation!

Yes, I filed an appeal almost immediately. As far as advice goes, I'd just ask you to have a butt ton of patience. It could be a long ride. I think my case was more of an exception than a rule. I have heard of people having to wait for years upon years. If you're savvy with legal jargon and have others who can help with your appeal, it may be more financially efficient to go that route. Most lawyers have a "don't pay til you win" clause but the price can be up to 25% of your back pay or a certain dollar amount, whichever is less. I'm kinda crazy and scatter brained so I got allsup to do my claim. Don't know if they're that good or my case was cut and dry but check them out if you can't find a good recommendation on a ssdi lawyer. https://www.allsup.com good luck on your adventure and don't give up. Everyone gets denied the first time supposedly, and most on the second try too so I've heard. 

 

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Thank you Mario, I really appreciate the advice. I'm at 80% afor service connection, so I figured they probably looked at that as well, might be a little harder since I'm not 100% yet. I am filing the appeal as soon as I receive the application, and I will keep everyone updated, and I apologize for hijacking your thread, I should have started a new one but I was impressed by the quick turnaround on your situation. I hope you and your family have a Merry Christmas!

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