Fairly quick

[mariorivera830]

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. 

[Carl the Engineer]

ALLSUP for SSDI works....

Just saying, not an AD for them,

Hamslice

 

[rpowell01]

On 1/7/2016 at 4:28 PM, TexasMarine said:

The VA money you get (retro and monthly), is tax-free.  In other words, you need not account for it on the IRS tax forms.

SSDI though, is only taxable, if your nominal taxable dollars reach a certain level.  You DO account for them in one section of the tax form, but then, if your taxable income falls below a threshold, you don't add it in to your total.   Somewhat confusing, until you look at the tax form itself (whichever one you use).  Let's say, for a married person, filing jointly, that threshold is $64,000.  Then you'd have to have taxable income of $64,000 before you have to add in your SSDI.  The form actual only specifies that your SSDI is only taxable on the first 33% of SSDI (or something like that amount).  (I have not provided accurate numbers because I don't have a tax form in front of me, and because the amounts differ year to year.

Suffice it to say, if you and your wife are living on VA and SSDI "totally", you won't have a tax burden at all.  ;)  YOU DO HOWEVER, need to file the right tax form each year, even if your tax is $0.

I hope this  helps.

Yea I haven't had to use any of my SSDI because my wife only works in a Daycare and I never had to file. Whenever you get any SSDI retro SSA will sent you a form separating the retro for what year its part of . I thought for sure I would had to pay but after getting this form from SSA it helped me and my wife because it helps a lot on your IRS returns. I still don't understand how you can be TAXED on a supplement that is already taxed in the first place. Its crazy. Just like how the SSA is the only agency in the USA that discriminate against age. I haven't found any case law or Federal Law yet that says they can do this but I would like to be the one to fight this in court against them.

[rpowell01]

VYNC,

 

If you read that case here is what its saying (http://www.irishbernhardt.com/how-social-security-disability-and-va-disability-benefits-interact/)

So how do these benefits interact with each other?  Let’s look at a couple of scenarios:

• The veteran who has been granted TDIU by VA first and then applies for SSDI benefits in Idaho is in great shape – Social Security must give the VA finding that the individual is unable to work great weight.
• The veteran who has been granted a partial disability by VA but not TDIU will still need to prove total disability to Social Security, but can rely on other, non-service connected disabilities to do so.  However, as described below, the decision to rely on non-service connected disabilities can have serious implications.
• The veteran who has been approved for SSDI and then applies for VA TDIU benefits must determine why SSDI was granted.  If SSDI was granted for disabilities which are all service connected, then that prior decision should be given significant weight by VA.  If, however, Social Security relied on a mix of service connected and non-service connected disabilities, then VA may be quick to point to the non-service connected disabilities as the primary problem, and thus discount Social Security’s finding.

In my case I was granted SSDI based on my VA Service Connected issues. I don't have any other issues except service connected issues. Then the VA granted TDIU but I am now fighting for P&T and request it be added to my appeal thats at the RO waiting for my RO Hearing hopefully in the spring.

Then this past month Dec 7, I received a letter from SSA stating "You can go back to work, blah, blah, blah.". Well here is my evidence currently. I am doing everything myself to appeal the SSA decision in saying I can go back to work. The VA granted me TDIU AFTER the SSDI decision by the judge. This means SSA must give GREAT WEIGHT to the VA decision because all my SSDI contentions are just only VA service connected issues. Under the SSA is doing this to me because I'm only 47. If I were 50 they would have extended the benefit. Second, I take Morphine Extended Release and Oxcodone. People don't realize that if the SSA keeps saying I can go back to work then they are LIABLE under FEDERAL TORT Law because I would have to t drive to work whiling under the influence and job safety. Third, Dr. Bash examined me on December 12 and he is saying NOWAY can I go back to work. Fourth, my medical documentation from the VA shows that my conditions have in face gotten worse as I now have PolyNeuropathy in both my legs because of the chronic radiculopathy at L5-S1 that the VA refuses to touch. Yes I could possibly file a Federal TORT claim against the VA but I decided to wait on the P&T. That is all i care because this is now about my family.

 

Your VA decisions do hold great weight on SSA because per the SSA CFRs it reads that any doctor who treats you holds more weight than a SSA doctor. Also a Medical EXPERT's opinion holds great weight over SSA doctors. SSA has lost this in appeals courts many times. Also with me taking pain acting medications I will get an attorney and will sue the crap out of them. They are liable.

Last I have a recent email from a VA CERTIFIED Vocational Rehab Counselor who said "MY decision still stands You cannot go back to work".

 

Rob

 

[rpowell01]

Also if you don't know this since it was a Federal Appeals Court that ruled on this and it didn't go to SCOTUS it means its now case law and has been case law. This also means SSA must in fact go by this case law if its brought up. They actually must adjust their policies to go in line with this case law. How does one use it for their own state? Simple, you just use this and if you see the SSA ALJ you just request to get it certified but since this is a Federal Case Law I don't think you have to get it certified. Anyway I hope this helps folks and they need to bring this up to their attorneys or like me, going pro se this time around on the SSDI review, it can be used as part of your appeals with SSA.

I haven't found another appeals court that says otherwise and if their was then the SCOTUS should have ruled on this.