Hi again, yes, it IS confusing. To be disabled (and I mean SS disabled) does NOT mean necessarily that one is bedridden and unable to be productive in any way. But it does mean that they can not work full time (in any occupation, not just the one they had or have) and are not earning over 1090.
"Oh my gosh this is incredibly confusing- what I said earlier is that we will just put business In My sons name and I will consider the money a loan. ------- Meaning you are loaning him money to start a business. (Remember, it is the activity you engage in (work like?) that counts, so whether it is his business and you are an employee or independent contractor, or you actively work your own, that is what you need to limit. If you ONLY give him the money (loan) and do nothing substantial for the business, you are good to go. That is easier to substantiate, obviously, then a business in your own name....
"Basically, I will have no association to the business other than loaning him the money to get started- hence, the reason I thought I should hold some interest in the business- -------- heck yeah! I would make it legal in all respects, you just never know if an influence could enter his life that could make verbal understandings fall to the wayside...
"however it does not seem to be in my best k tweet o have any stake in the business as to protect my SSDI. ------ I disagree. Where did you get that idea?
"Once again, this little ice cream truck is expected to make very little money - it really is meant to just put a little extra "jingle" into my sons pocket- ----- actually, above, you said you wanted to start a business to put a little jingle into your own pocket...
"I wouldn't suspect it to earn enough to hire employees or managers - --------- above you said others would be doing "most" of the work.
"we are told from he gentleman we are buying the business from that on good months it generates about $600- clearly not worth losing my benifits over- I agree, even if earned by you by your work efforts, as opposed to no work efforts but profit after expenses (with other workers doing the work and that payroll being part of expenses), this would not defeat you based on SGA bar. But, whenever we have work-like activity, it is examined to see if it means you are no longer medically disabled. SSA does not wish to STOP people from earning what they can, and if it does not show that they can work full time, it will not defeat their SSDIB. But, obviously, showing you can work PT at 600/mo begs the question of improvement and whether you can actually work full time. So, that is the risk, so when one decides to work PT particularly in a business where they control the books, in my opinion, it behooves them to carefully document credible proof of how they are NOT working more than they earn or say and that they are not performing work tasks that they claimed they couldn't do. Even PT employees of companies must worry about the latter. (Less so the accusation of fudging hours or pay, since an unrelated nonfamily employer is not going to fudge it, typically, but they tasks they do can be examined...)
"this was intended to be low stress - not more of a headache. Ugh! -------- Sorry, it is what it is. But part of your problem I believe is that you haven't decided on WHICH way to go. First, you indicated you may work the business, the second was to merely BUY a business in your name, for others to work, third to loan to your son the money to do that, where you maybe make interest. Or, you keep an equity interest in the business, as does he (on top of his paycheck, but you don't work it and don't get paycheck), and you both collect equity at year end (i.e. profit after all expenses).
"Is there anyway to get a phone colsultation with you- it's much easier for me to pose pressing questions verbally then to exchange messages. The messages and all the acroynonms make little sense to me. I understand, and it is time consuming, largely because this is a very technical and complex area.
"aI am happy to pay a consult fee upfront. Please let me know if that is an option. For the record, I am in California - "------- Yes, First, I must provide an "additional services" option. I will describe that offer there. If you need more than that offer provides, I can direct you to where you can arrange for that afterwards, as well. Note that my phone consult, while extremely discounted, is well more than email. If you decide you prefer private email, at least for starters, let me know and I will try to get you another service button for private email only. Not sure if this system allows, but we'll see!