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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11647
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My Mother has been declaring me as a dependant on her tax statements. note:

Customer Question

My Mother has been declaring me as a dependant on her tax statements.
note: the full text will not paste into this space. Ask me for further details to get whatever text gets cut off. I shall attempt to paste the full text now.

Dear XXXXX,
I have asked for you not only because I was pleased with your responses to me regarding a previous question, but it seems you would be better able to answer questions if we establish a history. I would also hope that my questions are within your ability to answer them.
It has come to my attention that I do qualify for SSA Disability according to what I read on a webpage at the CDC (Center for Disease Control) that was citing Social Security rules for qualification. I have maintained that I was diagnosed with CEBVS (Chronic Epstein Bar Virus Syndrome) since 1987: note the "Syndrome" is underlined. The center for disease control no longer has a listing for CEBVS, but they do have one for CEBV. On that page it is asserted that a chronic Epstein Barr infection does not persist for life. If symptoms do persist then it has to be something else, such as, CFS (Chronic Fatigue Syndrome).
(If looking, search for "Epstein Barr Virus" at the Centers for Disease Control (CDC).)
In 2007 SSA (Social Security Administration) paid to have me see an Internist, and a Neuropsychologist. I have maintained I was diagnosed in 1987 with a CEBVS infection. This is a herpes virus which usually presents with a low grade 99 degree fever, malaise, swollen glands, and several other symptoms which are presenting even as I type this. I have a 99 degree fever, a headache from all this mess, sore muscles, aches, etc.
In 1995 I had an automobile accident: was stopped in traffic and rear ended by a Chevy Camero doing approximately 40 mph at the time resulting in a closed head injury, and permanent brain damage. If tested by a neuropsychologist I would show a permanent loss of 75% short term memory loss in the right eye, and problems concentrating if interrupted resulting in possible loss of hours worth of work: ending my career as a computer programmer. The Epstein Barr symptoms ended my trade as a lithographer in the printing industry: computer programming was the solution to maintain an employment status. My income records reflect a severe drop in income when I changed professions in January of 1991.
Both doctors that SSA sent me to in 2007 verified my conditions to indicate I was not lying about my condition. Specifically, the Internist did not return a prognosis of CEBVS, but returned a prognosis of CFS (Chronic Fatigue Syndrome), and CFIDS (Chronic Fatigue Immune Deficiency Syndrome). At the time of my original prognosis in 1987 the terms CFS, and CFIDS did not exist: CEBVS did. Today, it appears the Epstein Barr portion of my disease has been termed CEBV, and the syndrome portion has been termed as CFS, CFIDS. This is EXACTLY what was prognosed in 2007 at the behest of SSA. The reason that was stated to me by SSA for my ineligibility of disability benefits was stated to be that I was over the age of 22 at the time I contracted my disease. I thought this was absurd considering they paid good money for me to see multiple doctors. It seemed they were making the rules up as they went. Today, I believe they were resorting to using my parents tax return status as an excuse to deny me benefits due to my parents had declared me as a dependent, but I can only make this statement as an assertion since I have not been directly told this to be a fact by SSA.
Upon questioning, it turns out that my parents had declared me as a dependant of theirs in 2006, and 2007 (and other years). This places me in a perilous predicament. As long as I am declared as a dependant I believe (do not know) I would necessarily be denied benefits for disability under the rules of SSA, however, upon reading the requirements for qualification as set forth by the CDC citing SSA rules I fully qualify even if one were to only consider the fact that I have been prognosed as having CFS in 2007. That's without including the CFIDS, and the brain injury prognosis which would only lock in further my qualification for benefits.
In order to fix this, I need to know a few things. For this reason I have purchased from JustAnswer the option for asking unlimited questions. I do have multiple questions.
1. I need to know if I was declared as a dependent on my Parents Tax Return am I liable for bills paid during this time? If I am not I will instruct my Mother of this so she can stop holding bills over my head that she has paid on my behalf.
2. I also need to know if my Mother declared me as a dependant against my wishes if this would have an affect upon my SSI (Supplementary Security Income) status with Social Security. In other words, would she have jeopardized my status if she declared me as a dependent after I received SSI? I began receiving SSI benefits retroactively as of June 2011, however, SSA did not inform me of what conditi
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Michael, and Welcome back to JustAnswer, and Thank you for requesting me, I will be glad to help in any way I can. Please allow me a little time to research your questions and I will return shortly,

 

ANDREA

Customer: replied 1 year ago.

 



I've been waiting for a response so I can re-post the rest of what gets chopped off due to limitations in JustAnswers software (again).


This begins with the 2nd question above that was not copied in its entirety. The last portion of the post says "END OF FILE".


----------------------------------------------------------------------------------------------------


2. I also need to know if my Mother declared me as a dependant against my wishes if this would have an affect upon my SSI (Supplementary Security Income) status with Social Security. In other words, would she have jeopardized my status if she declared me as a dependent after I received SSI? I began receiving SSI benefits retroactively as of June 2011, however, SSA did not inform me of what conditions they considered made me eligible for benefits.



 


3. Is SSA required to inform me what considerations led to their decisions to deny me SSA disability benefits in 2007, and 2011?


 


This is just for starters, but is a good place to begin. I could think of more questions later. The answers would affect how I approach SSA for disability benefits.


 


4. My primary concern is, did my Mother make me ineligible for SSI (not disability) benefits by declaring me as a dependent in 2012 against my wishes?


 


5. If so, do I need to sue her, and the company that does her tax returns if they refuse to issue an IRS change of tax status (or whatever term is applicable to reflect changes showing I am not declared as a dependant)? This is so absurd, but the question is a valid one to ask so I can inform both parties of what needs to be done in order for me to protect myself, and be able to proceed with a valid disability claim to SSA. I would, of course, only use your answer as a persuasion to have this problem corrected.


 


This is low priority, but I need high detail. We're going to take our time with this. Last night's question was a priority only so I could begin to show others something needs to be done. It is also a future wake up call to pertinent parties that are in denial and refuse to listen to reason.


 


As you should know, I do appreciate your time, and I do express that appreciation. I have decided to pursue this matter myself, and not pay an attorney 1/3 of whatever proceeds I would get from any future disability claims especially considering the claim could become retroactive. If you were to travel to CDC, look at Epstein Barr Virus, and follow-up with investigating CFS for your own edification you would know I have a valid claim for SSA disability benefits, and have qualified for them since 1987. Due to technicalities presenting themselves in the form of support from my parents, and their decisions to claim me in their tax statements as a dependent it would appear as if they have been inadvertently sabotaging any and all efforts to acquire help for myself.


 


Presently, the insurance plan I am under is invaluable. If I lose my insurance due to another's assertion to claim me as a dependant, I may as well start calling myself "Phillips" because I'll certainly be screwed. Being a Phillips head sounds alot better than being called a "Slot head": both are types of screw drivers.


 


Not only has my insurance paid over $100,000 to the University of Maryland Medical Center in Baltimore, Maryland, but they have also paid for all doctor appointments, prescriptions, have helped with obtaining glasses, has a dental plan, and also a mental health plan that apparently I need so I can talk to another human being about what has happened and relieve my mind of the burden of carrying around much baggage that needs letting go. In other words, my insurance plan is invaluable to me at this time and cannot have an amount of worth placed upon it. It is certainly more valuable than whatever tax break my Mother thinks she is getting by declaring me as a dependant. Her thinking she is saving money is costing me my life even as she tries to help me via support.


 


Epstein Barr, being a herpes virus responds with debilitating effects if I cannot relieve myself of this emotional burden. It is a physical disease activated by adrenal stimulation which also affects the hypothalamus and pituitary glands - that is not a psychological problem, it is a real physical response to a threat which manifests as a disease when the endocrine system becomes fatigued. Fatigue does not necessarily mean a person is tired all the time. It means things are worn out: fatigued. Stressed to the point of breakage.


 


I'm going to stop here lest I write an entire book. BTW, I could write several books which in the future might be the only way I can think of to eventually get myself off of disability, however, at this time I need help.


 


Thank you for your time,


 


Michael Offutt


 


Ps: hopefully, upon doing a copy/paste all formatting was included.


 


Questions should appear as bold type and underlined.


 


There should have been 5 questions in bold type and underlined within the text above.


 


For clarity, I have numbered each question.



END OF FILE



 

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Michael, Thank you for requesting me.

 

The questions you ask on this Question Page are all different and although they all relate to you, they are five distinct, new questions, but I will not receive credit for 5 questions, they will all be treated as one question and I will receive credit only once.

 

You asked,

 

Q. Are liable for bills if your parents claimed you as a dependant on their income tax returns ?

 

Answer

 

The Answer is not as clear cut as you might think. You would have to first pass the Internal Revenue Service's "Qualifying Child Test" by meeting all of the following requirements:

 

1. The child must be a descendant;

 

2. Age Test; the child must be:

 

(a) Under 19 years of age; or

(b) A student and nder 24years of age; or

(c) Be permanently and totally disabled;

 

Disability Test: The child is unable to engage in any substantial, gainful employment because of a physical or mental disability; and

A doctor has determined that the condition has lasted, or is expected to last continuously for more than one year, or can lead to death.

 

3. Residency Test - Child ust have lived with parent for over one-half of the year;

 

4. Support Test - Child cannot have provided more than half of his or her support; and

 

5. Joint Filing - If the child is married, he or she cannot have filed a joint return with their spouse, except to claim a refund.

 

The above tests determine if the individual's parents can take a deduction for the individual as a "Qualifying child", it does not, in any way, determine liability for the payment of the child's bills.

 

Your Second Question

 

Answer 2

 

No, it should not affect your SSI because the manner in which an individual chooses to handle deductions and dependents on their income tax returns should not be able to affect another individual's status,

 

 

3. Is SSA required to inform me what considerations led to their decisions to deny me SSA disability benefits in 2007, and 2011?

 

Answer 3

 

 

The Social Security Office handling your claim will send you for an Independent Medical Examination ("IME") which is anything but independent and the Social Security Office will go by what the IME doctor says and they will simply say in a letter that the IME doctor concluded that your wer not disable. You would have been entitled to a copy of the medical report of the IME doctor, had you asked for a copy;

 

 

 

 

4. My primary concern is, did my Mother make me ineligible for SSI (not disability) benefits by declaring me as a dependent in 2012 against my wishes?

 

Answer 4

 

 

She cannot unilaterally change your status

 

 

 

5. If so, do I need to sue her, and the company that does her tax returns if they refuse to issue an IRS change of tax status (or whatever term is applicable to reflect changes showing I am not declared as a dependant)?

 

Answer 5

 


You would be better off speaking with the Internal revenue Service and getting a written determination of your status. If the IRS determines that your mother was not entitled to take you as a deduction, that will be between your mother and the IRS. You cannot prevent an individual from taking valid deductions to which an individual is entitled under the Internal Revenue Code

____________________________________________________________________

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11647
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Hi Andrea,


 


I tend to be naive at times. I understand your concern that I have asked 5 disctinct questions. I will take care of that. For now I paid a bonus of $30 to close this question.


 


I may have overtaxed myself. I'm not feeling well. In the next couple of days I will reask the questions individually, and also post whatever response you wrote which I actually have not read yet. My original idea was to give a bonus as we went for all 5 questions. That would have come out to $150 total. I am spent physically at the moment, but if I do what I am telling you I am going to do the total amount of bonuses will come now to $180. I cannot pay more, and if you think that is too much I would most sincerely XXXXX XXXXX expressing that. For now, please trust me that it will happen.


 


I'm using an old dinosaur of a computer at the moment. It literally takes up to 5 minutes to refresh pages sometimes. Most of the time it only takes a minute. My other computer that died is probably going to be returned to me today, and I need to go take a nap in case he arrives. Then I have some work to do on that computer to rebuild the operation system, and move some files around so I can get it working again.


 


Btw..the question I sent you about "Credit where credit is due" you need to play a game that is already pre-approved with customer service to simply respond to it. It isn't going to cost me anything since I can ask unlimited questions. The purpose of the game that customer service actually suggested is for you to get credit that you deserve. You already deserve at least 4 ratings from me I am unable to give you from the very first question/answer sessions I am unable to give you due to a programming error in the system itself.


 


Simply respond, I respond back, and we do this until you are satisfied that your ratings are boosted to where they are supposed to be. You mentioned that other people have brought this to your attention. It's ok, Christine, at customer service has already given permission to do this, and it was her idea in the first place to ask you a bogus question so you can get the credit you deserve. I actually called customer service to alert them of this problem.


 


Back to your concern about my asking 5 distinct questions. When I recover from what ails me today, probably in two days, I will re-ask in individual questions each of the 5 questions that were asked in this session and also post whatever response you wrote about them. You will get a bonus for each one. If you feel $30 for each is too much I trust you to let me know. I only have $410 per month after paying $300 for rent that SSI says I must pay. If you feel it is worth more than that I won't be able to afford it. I'll leave it up to you. I'm sure one way or the other I will be happy even if I may not like hearing what you have to say. You still get an excellent rating.


 


Forgive me, but now I must go. Have a great day, and I will be back.


 


Michael

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Michael,

 

Your arrangement is fine. I do not want you to be taxed physically or financially. Get the rest that you need and we'll resume whenever you feel comfortable doing so. I will leave that part up to you. I am presently at a Bench-Bar Conference, but I brought my computer with me because I wanted to respond to your reply.

 

Take care of yourself and let me know when you feel up to resuming ourQuestion and Answer session.

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11647
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

Dear XXXXX,


 


Thank you for your help. It did help.


 


Sorry I was gone so long. Let's just say I wasn't feeling good. I felt bad about you taking your laptop to court that day when I wasn't able to respond.


 


I'm leaving a bonus for you of $130. Then I'm going to have to drop this subscription to save some funds. A promise is a promise.


 


Thank you for your honesty. May you prosper, and live a long HEALTHY life. Our health is our best asset.


 


Love and Light,


Michael


 

Expert:  Andrea, Esq. replied 9 months ago.

Hi, Michael, Welcome back,

 

I sincerely XXXXX XXXXX are feeling better. Sometimes we do what we have to do. Do not worry about my having to take my laptop with me. We are required to take 12 credits annually of continuing legal education (CLE's) and they are pretty expensive, but if you have not taken 12 credits worth by the cutoff date, the Disciplinary Board suspends your license to practice law. I am a member of the Delaware County Bar Association and they have an annual Bench-Bar Conference at which you have the opportunity to receive 12 credits over the 2 1/2 days of the conference at a much reduced rate, so I took advantage of that opportunity. But, I only earned 9 credits because the seminars start at 7:00 AM and there is no way I am lucid enough that early in the morning to sit through anything. But, it's okay because I have enough credits to cover me almost until 2015.

 

If you have had the opportunity to review my Answers to your questions and you need any clarification, please let me know and I will be glad to explain further,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11647
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 16 other Legal Specialists are ready to help you

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