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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29504
Experience:  Taxes, Immigration, Labor Relations
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What is required to claim a disabled adult?

Resolved Question:

My adult son is disabled, receives SSI and lives full time with myself and my husband. My son does not work and does not file a federal income tax return. Each year I tell me husband we need to claim him as a dependent, yet his accountant is telling him not to claim him and the reason is he may lose his social security benefits. I've never heard of anything so ridiculous. I've talked with others and they agree with me. Your input is much appreciated.

Submitted: 8 years ago.
Category: Tax
Expert:  Lev replied 8 years ago.

Rules for claiming a dependent and eligibility for SSI are different.

See IRS publication 501 page 11 -

Tests To Be a Qualifying Child
-- The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
-- The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled.
-- The child must have lived with you for more than half of the year.
-- The child must not have provided more than half of his or her own support for the year.
-- If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.

That means you provided more than half of your child's support in form of housing, food, etc

Because your son receives SSI - assistance based on his needs -

On his application he or a guardian should report all assistance he receives - including your support in in form of housing, food, etc

To determine if your assistance would affect his eligibility - use this link - it will take you to the Benefit Eligibility Screening Tool. By taking 5 to 10 minutes to answer a few questions, you can find out if his eligibility for SSI or other benefits would be affected.

You may also consult with your case worker.

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