Good morning. OK, I think you may be forgetting your original question, DAYS ago, and then the several additional questions you added, which I, as a courtesy for your benefit, provided additional time and thought to answer for you, in fact, all weekend. I'll show you your questions first, then the additional areas where you had implied concerns that I also provided information on, so you would better understand the many aspects of your predicament. I say this because you state that I didn't answer your question. I suspect that perhaps I provided you too much time and thought here, so that when your "20th question",on a transaction whose scope is typically 1 question 1 answer, involved a crystal ball that no one can answer on your sparse facts, you forgot about the 3 days of answers to your many other questions and dialogue. Here is your actual question:
"What would be the reason social security don't have my records?
A#1------ Typically either 1 or 2 above. Also, in the past when you reviewed your annual SS earnings statement, if you see those years were reported back in 04-08, and suddenly now, when you print it out (or receive it in mail), those years have disappeared, those years are blank (the ones you mentioned), this likely means that the SSA computer actually had a glitch. So I'd get the IRS transcript/returns and prove it.
"Is it possible that I didn't pay social security taxes
A#2-------- Yes, if you filed your tax return but didn't file your tax returns properly. If done right, You would have a Schedule C for self employment income, that goes by the self employed person's SS# ***** and that is how your SE tax is determined (which pays your Ss and Medicare taxes to your reported SS #) and reported under your SS file (not your spouses). I can say this with certainty because I too file jointly and I too am self employed.
"and if I didn't and I get copies will I have to go back and amend my taxes?
A#3------- Before you do so, know this: Generally, SSA will only give earnings credits for amended returns that happen within about 3 years of the year they apply to (the 3/3/15 rule). See here: https://faq.ssa.gov/link/portal/34011/34019/Article/3853/How-do-I-correct-my-earnings-record
Anything older being amended, won't count UNLESS they will provide an exception, such as you can prove it was IRS fault, that proper returns were filed, etc. ("you can correct your record after that length of time to:
- Confirm records with tax returns filed with the Internal Revenue Service;
- Correct errors due to employee omissions from processed employer reports or missing reports;
- Correct errors "on the face of the record" that is, errors we can find by examining our records of processed reports; and
- Include wages reported by an employer as paid to an individual, but not shown in our records.")
Oh, then there was Q#4:
"I guess what I want to know for sure is what is the judge looking for
A#4----- there is no bright line rule, that is why we push our clients to get all evidence, every CRUMB, because some judge's are easier to convince than others and it is the nature of an evidentiary hearing. It is also not clear that the Judge on your disability claim can actually make decision on changing your credits, since that has not been adjudicated below (or has it?).
------ However, the perfect proof IS YOUR Filed returns where you paid your SE taxes with the IRS letter or transcript confirming you did indeed file.
What can help may be proof that you PAID taxes. Because even if you can't find your returns, if you can show your CHECK where you paid the SE tax, that wouldn't happen without having filed the return. But, that may not show what amount was applicable to you, since you filed jointly. I mean, if you paid $5k in taxes jointly, it will not be clear what part you get credit for and what part your spouse gets credit for.
"Does she just want to know I worked during those years or is she looking to see if I paid social security benefits? ------ Both. It is the work, that produced the income, upon which SS taxes were due and payable. The reason why both are important is that some people who didn't work enough or recently enough for SSD, will allege they worked in an SE capacity. But fraud in this way has been known to occur because there is motive (getting SSD insured status or SSR insured status). No, I do believe a 1099 Misc is helpful if your income is reported on line 7... and assuming the entity that paid you reported that expense of pay out on this 1099 Misc. They will likely have to match up (he takes the expense, you take the income) to establish that the 1099 Misc is not fabricated, since any of us can produce these documents.
"I was able to get copies of my 1099' misc. forms, for those years and if all she needs is to see I was working during that period of time. Would that not be sufficient?
A#6------- No, you will want to get your tax returns. I suggest just ordering 1 for now (assuming time is not critical). If the IRS produces nothing for the one year you know you had the 1099 income, that may be a clue that it has none of those years that are missing from the SSA files. And that will mean there is no proof from the IRS that you filed at all UNLESS you have cancelled checks. Keep in mind, you may have cancelled checks (should) for your quarterly estimated taxes we are required to file when we are self employed (very burdensome, I know), but those checks are also helpful. Note that you may also find that IRS does have your joint returns, but that somehow you didn't file properly - your spouse's income may be all there but perhaps you neglected to file the Schedule C for yourself. The only way to know is to order it - and again, if you are not comfortable with $50 per for a few years, than order just one for now, so you see what the result is. If it is bad, it may be a clue that the other years are not going to be helpful to your case either.
So yes, your income, if reported at all, may be under your spouse's income if you were not filing properly when you did the task yourself without a tax professional. And, while I'd confirm your specifics with the SSA, if this happened, there is good reason to believe the SSA won't give you credit, even if you did amend and did pay taxes belatedly. So, if they won't, it may not be worth paying such taxes if you won't get credit, and opening that worm would give you a tax liability, possibly, with no credit to you, no benefit.
NOW, this was merely the 1/2 HALF of our time together. Exactly 1/2 (please see above). You received 6 extensively thorough answers despite the choice you made in transaction, and I did so out of compassion for your situation. I did not expect a dine and dash, although we do see them from time to time.
As such, I would expect a similar level of integrity in maintaining this thread that you initiated. I am rather shocked at the end tactic, to be honest, I didn't realize that you were seeking to avoid. But it is what it is and I will opt out so that other colleagues and review and see what has transpired, and then they can choose to contribute to your cause or not. Good luck with all.