Have You Or A Loved One Been Denied Social Security Disability Benefits
If you or a loved on has been denied Social Security Disability Benefits you need to speak with an experienced SSD attorney as soon as possible. Please contact us online or call our Virginia Beach office directly at 757.490.3500 to schedule your free consultation. We have offices throughout Virginia including Chesapeake, Newport News, Norfolk and Suffolk.
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What Happens Now The Us Has Hit The Debt Ceiling
The US has hit its debt limit, with the Treasury Department now taking measures to prevent a potentially devastating default.
Reaching the debt ceiling means the government is not allowed to borrow any more money – unless Congress agrees to suspend or change the cap, which currently stands at almost $31.4tn .
Typically that is what happens.
Since 1960, politicians have moved to raise, extend or revise the definition of the debt limit 78 times – including three just in the last six months.
But fresh tensions in Congress, where Republicans recently took control of the House of Representatives and are calling for spending cuts, have raised concerns that politicians will delay acting this time – potentially leading the US to intentionally default for the first time in its history.
So what would happen?
When You Have To Pay Taxes On Disability Benefits
If the total of your Social Security Disability benefits plus any other income add up to certain amounts, then you will have to pay federal income taxes on your benefits. The exact amounts that trigger income tax change each year, so you should consult with your income tax professional about the details of your particular case.
When youre calculating your income and benefits for tax purposes, you dont have to include all of your SSD benefits. Tax laws change from year to year, but Internal Revenue Service generally says you only have to count a portion of your disability benefits, along with any other income. Though, when youre married filing jointly, you may have to include your income and benefits along with your spouses income.
To learn more about applying for SSD benefits or appealing a denial, contact us today.
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The above article is intended to provide generalized financial information designed to educate a broad segment of the public it does not give personalized tax, investment, legal, or other business and professional advice. Before taking any action, you should always seek the assistance of a professional who knows your particular situation for advice on taxes, your investments, the law, or any other business and professional matters that affect you and/or your business.
Reporting Social Security Disability Benefits On Your Tax Return

Each January the Social Security Administration will send you a Social Security Benefit statement, form SSA-1099, in the mail if you received SSDI benefits during the year.
Box 4 on Form SSA-1099 shows the net benefits you received for the relevant tax year. Your net benefits are your benefits minus any benefits you had to repay for that year. When you file your tax return, you report the number in Box 5 on your Form 1040 .
If you elected to voluntarily withhold taxes from your Social Security benefits, that amount will appear in Box 6 of form SSA-1099. Include the amount on line 26b.
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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 2023 the earnings cap is $1,470 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’ Interactive Tax Assistant or fill out Worksheet 1, Figuring Your Taxable Benefits, in IRS Publication 915, “Social Security and Equivalent Railroad Retirement Benefits.”
Keep in mind
How Can You Get Help Understanding Ssd Taxes
A Social Security Disability lawyer can help you. They can determine whether your benefits are taxable. Your lawyer can also help with your application and answer questions about the process.
At John Foy & Associates, the consultation is 100% FREE. We also do not charge a fee unless you get paid. You can get the help you need now and at no risk.
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Is Supplemental Security Income Taxable
Supplemental security income is another program from the SSA. It is different from Social Security Disability. SSI provides benefits to:
- Disabled individuals with limited income
- Individuals aged 65 and older with limited income
Some people can receive both SSDI and SSI. No matter what, SSI payments are not taxable.
Will You Have To Pay State Taxes On My Disability Benefits
Most states don’t tax disability benefits at all, but a few states tax them in the same way as the federal government, and still other states have their own way of applying state taxes to disability benefits. For information on whether your state taxes Social Security, see our article on which states tax disability benefits.
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How To Lower Your Income Taxes On Back Pay
You probably already know that disability benefits do not provide a large income, but back pay can significantly increase your disability income for the year. This is especially true in the year in which you get approved for benefits, and this large lump sum payment can increase your household income so much that you might owe a big tax bill at the end of the year. Once youapply for disability, it can often be a year or more before you finally get approved, so many people often get a large back payment amount. So, how can youtrack your back pay and lower the amount of tax that you will owe on it? Here is how to do it.
Thankfully, the IRS allows you to apply some of your back pay to prior year tax returns in some cases. For example, suppose you were approved for SSDI benefits, and you were owed 24 months of back pay. That large payment in the current year might raise your annual income so high that you owe taxes on 85% of your SSDI benefits when you file your federal tax return. However, the IRS will allow you to spread that payment out over your tax returns from the two previous years.
Is Ssdi Taxable At The State Level
Depending on where you live, you may need to pay state taxes on your SSDI benefits. Today, only 12 states charge state income tax on SSDI benefits. SSDI is not taxable when filing a state income tax return in Illinois.
If you file income taxes in multiple states, or some place besides Illinois, your accountant can help you determine whether your SSDI is taxable.
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Half Of Your Ssdi Benefits Are Taxable Each Year
Many people who rely on monthly social security disability payment as their sole source of income won’t owe taxes. However, reporting the lump sum as income for one tax year can result in owing taxes. You could end up paying more than you need to pay if you don’t get the right advice.
If you make between $25,000 and $34,000 each year, you may have to pay income tax on up t0 50% of your benefits, and if you made more than $34,000, you could owe taxes on up to 85% of your benefits. A federal income tax return must be filed if gross income is over a certain amount per IRS rules,” Gada says. Whether you owe tax due to the lump sum payment will depend on how much you receive and how much income you had during the tax years the payment covered.
How To Tell If Your Lump Sum Payment Is Taxable

While you might have to pay taxes on a small portion of your lump sum payment from Social Security, the IRS does not penalize disability beneficiaries for receiving past-due benefits all in one year. Federal law provides that individuals can apportion past-due benefits to previous years, thus lowering or eliminating the taxable amount of their lump sum per year, without having to file amended tax returns.
Social Security sends beneficiaries a form called the SSA-1099 each year they receive benefits. If you’re receiving this form for the first time, it should state in Box 3 the exact amount of your lump sum that was accrued during previous years. Each year will be listed separately alongside the total amount paid for that year. Rather than requiring you to file amended returns for those years, the IRS allows you to handle it all on your current tax return, using prior years’ income amounts. This method is discussed in IRS Publication 915, Social Security and Equivalent Railroad Retirement Benefits.
While IRS Publication 915 provides a way to calculate how much of your lump sum payment is taxable, the formula is highly technical and confusing for the majority of people. It is recommended that you contact a tax professional or purchase tax prep software to assist you in filing your taxes after you receive your lump sum back payment from Social Security. While these options are not free, they could help you avoid overpaying your taxes by a much larger amount.
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What Happens After A Fully Favorable Disability Decision
If you receive a fully favorable decision, the SSA approved your application with the onset date of disability that you originally noted. You will then start receiving disability benefits as soon as your elimination period or waiting period has ended.
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State Taxation Of Social Security Disability Benefits
So far, we have discussed federal taxation of your disability benefits. So,are Social Security benefits taxable at the state level? Some states require you to pay taxes on your benefits, while others do not. In fact, the majority of states do not tax Social Security benefits at all. Only 12 states impose a state income tax on your benefits. These states include Colorado, Connecticut, Kansas, Minnesota, Missouri, Montana, Nebraska, New Mexico, Rhode Island, Utah, Vermont, and West Virginia. A few of these states follow the same rules as the federal government, while the others have their own rules.
Even the states that have their own rules on state taxation of disability benefits generally allow exceptions for age and income. If your income is below the state limit, then you will owe no taxes on your disability benefits. Most states that use this method have higher limits than the federal rules, so many people receiving disability benefits in those states end up paying no state taxes.
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Disability Insurance: Taxes And Deductibility
Your ability to work and earn an income is likely the most important asset you have. Disability insurance also known as disability income insurance can give you income to live on if you become temporarily or permanently disabled. Its not just for accidental injuries most disability is caused by illness and medical issues. And it can happen to anyone: The Social Security Administration estimates one in four 20-year-olds will experience a disability during their working years.1
Thats why many professionals say disability insurance is as important a source of financial protection as life insurance. But while life insurance proceeds are generally not taxable, thats not necessarily the case with disability insurance: depending on the type of coverage and how it was paid for, the benefit could be taxed like ordinary income, at a different rate, or not at all. This article will help you understand what is taxable and what is not by explaining:
Do I Get A 1099 For Social Security Disability
A Social Security 1099 is a tax form Social Security mails each year in January to people who receive Social Security benefits. It shows the total amount of benefits you received from Social Security in the previous year so you know how much Social Security income to report to the IRS on your tax return.
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What About Texas State Taxes And Social Security Disability
Most states exempt Social Security Disability benefits from their state income taxes, but there are a handful of states that do collect income taxes on disability benefits. Texas is in a group of states that dont charge any state income tax at all. So you dont have to worry about paying state income taxes on Social Security Disability benefits when you live in Texas.
Help From An Indiana Disability Attorney
Before you can begin worrying about how taxes will affect your monthly payments or your back pay, you first have to get approved for Social Security disability benefits. An Indiana disability attorney can help. Call us today or contact us online for a free consultation. Be sure to download our free eBook, Eight Mistakes to Avoid When Filing for Social Security Disability Benefits, for more information.
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How Much Of My Social Security Disability Is Taxable
When your SSDI benefits are taxable, you will only pay income taxes on a portion, not all, of the benefits. There are two ways of calculating how much of your benefit is taxable, based on your income and filing status.
If you file as an individual:
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Up to 50% of your Social Security disability benefits are taxable if your income is between $25,000 and $34,000
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Up to 85% of your SSDI benefits are taxable if your income is over $34,000
If you’re married and file a joint return:
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Up to 50% of your Social Security disability benefits are taxable if your combined income is between $32,000 and $44,000
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Up to 85% of your SSDI benefits are taxable if your combined income is over $44,000
Why Some Worry About Social Security Benefit Cuts

As House Republicans plan to focus on curbing government spending, some worry that could entail cuts to Social Security benefits and Medicare in exchange for votes to increase or suspend the debt limit.
Among the ideas Republicans have pitched include raising Social Security’s full retirement age to 70, changing the way benefits’ annual cost-of-living adjustments are measured to make them less generous, or making it so benefits are means tested through the middle class, Adcock said.
Moreover, they could raise the Medicare eligibility age to 67 from 65, he said.
To make those changes, there would need to be enough support in the Senate, with 60 votes.
“That’s a pretty high threshold,” Adcock said. “I don’t think there would be 60 votes in the Senate to do benefit cuts.”
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When Disability Benefits Can Be Taxed
Three types of benefits fall under the umbrella of Social Security: retirement benefits, disability benefits, and supplemental income. Social Security retirement and disability benefits might be taxable if you have other sources of income that push your total annual income above a certain threshold. About one-third of people who receive Social Security Disability Insurance benefits pay taxes on at least a portion of what they receive.
Federal Taxes For Single Dib Recipients
Virtually no one receiving supplemental security income has to pay federal taxes on their benefits. However, thats not the case for people who receive disability insurance benefits , also known as Social Security disability insurance .
About one-third of all DIB recipients have to pay some form of federal income tax on their DIB payments. Your benefits are typically only taxed if you or your spouse has an additional form of income besides DIB.
If you file your taxes as an individual, you have to make more than $25,000 in annual income in order for your benefits to be subject to taxes. Your annual income includes 50 percent of your DIB payments and any wages you earn, as well as the usual resources that the government counts as taxable income .
If you make more than $34,000 as a single individual, you may be subject to higher taxes on your DIB payments. This includes both a greater portion of your benefits being taxed as well as possibly paying a higher percentage of tax. For example, instead of paying 10 percent in tax on 50 percent of your disability benefits, you may pay 15 percent in tax on 60 percent of your disability benefits.
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Tax Withholding Of Social Security Disability
Each year only a fraction of Social Security Disability Insurance recipients owe federal income taxes, usually because a spouse is working or the recipient has passive income from rental properties or investments. As for Supplemental Security Income , because of the SSI income limits, almost no SSI beneficiaries earn enough to owe income tax. As a result, Social Security does not automatically withhold any of your disability lump sum amount, or any of your monthly check, for tax purposes.
However, if you anticipate having to pay federal income taxes on your disability payments and wish to avoid owing a large amount when you file your taxes, you can set up Voluntary Tax Withholding through IRS Form W-4V. Once completed, this form should be sent to your local Social Security office. However, you should really consult a tax professional before setting up VTW, as tax withholding is unnecessary in most cases.