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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110445
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have been on disibility for Spinal Problems for 3 years now

Customer Question

I have been on disibility for Spinal Problems for 3 years now I get $4200 from SS disability
and SS disibility combined the government says I owe taxes on untaxable there is a J on my w2 from my employer its worker comp. income and wants to ganish it. I was a high earner. They also want to levy these accounts for some trival back taxes. I agreed to pay what I could I offered A lump sum plus an installment plan. They said no because I didn't qualify for a low income program that allows then to waive the 20 % of your offer. I said you can't have it both ways My private insurance is either income or not, You sat it is but for purposes of deducting it from SS you say it doesn't 2700 minus 1700= 2000. which qualifies for low income. The called and refused my offer and I haven't heard from them in 2 months. My statue runs out in 2 years. What shoud I do. Steve
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Whether or not your SS benefits are taxable depends on the total earnings you make for the year. If your adjusted gross income is over approximately $32,000 per year then you have to pay taxes on your benefits. Workers compensation benefits are not considered earned income and thus not taxable in CA or by the IRS.

If they have made a mistake in the "trivial back taxes" they claim you owe, then you need to first dispute the amounts due. Once you dispute the amounts due and get the proper adjustment made, you need to just hold off on them and keep calling them to push them for an offer in compromise to settle the amount due with them. They will eventually relent, especially if you continue to call and keep your cool and negotiate with them about the extreme financial hardship and your disability.

You need to continue negotiating with them, which will hold them off from trying to garnish (since for back taxes or government debt they can garnish SSDI and SSI) and work on them for the compromise.

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